People v. Boyle

Appellate Division of the Supreme Court of New York

People v. Boyle

24 A.D.2d 576, 262 N.Y.S.2d 425, 1965 N.Y. App. Div. LEXIS 3708

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 6, 1965

StatusPublished

This text of 24 A.D.2d 576 (People v. Boyle) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Boyle, 24 A.D.2d 576, 262 N.Y.S.2d 425, 1965 N.Y. App. Div. LEXIS 3708 (N.Y. Ct. App. 1965).

Pincite

Opinion

—In a comm nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, entered December 11, 1963, which denied without a hearing his application to vacate a judgment of said court, rendered November 3, 1961 after a jury trial, convicting him of robbery in the first degree, and imposing sentence. The judgment of conviction was previously affirmed by this court (20 A D 2d 722; motion for rearg. den. March 24, 1964; motion for leave to appeal den. July 13, 1964 [Euld, J.] ; cert. den. 380 U. S. 980). Order reversed on the law and the facts, and proceeding remitted to the Supreme Court, Kings County, for the purpose of (a) holding a hearing as to the issues raised by the defendant; and (b) making a determination de novo on the basis of the proof adduced at the hearing. Christ, Acting P. J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.

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—In a comm nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, entered December 11, 1963, which denied without a hearing his application to vacate a judgment of said court, rendered November 3, 1961 after a jury trial, convicting him of robbery in the first degree, and imposing sentence. The judgment of conviction was previously affirmed by this court (20 A D 2d 722; motion for rearg. den. March 24, 1964; motion for leave to appeal den. July 13, 1964 [Euld, J.] ; cert. den. 380 U. S. 980). Order reversed on the law and the facts, and proceeding remitted to the Supreme Court, Kings County, for the purpose of (a) holding a hearing as to the issues raised by the defendant; and (b) making a determination de novo on the basis of the proof adduced at the hearing. Christ, Acting P. J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.

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Bluebook (online)

24 A.D.2d 576, 262 N.Y.S.2d 425, 1965 N.Y. App. Div. LEXIS 3708, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-boyle-nyappdiv-1965.