People v. Brody

Appellate Terms of the Supreme Court of New York

People v. Brody

52 Misc. 2d 852, 277 N.Y.S.2d 154, 1966 N.Y. Misc. LEXIS 1317

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 17, 1966

StatusPublished

Cited by2 cases

This text of 52 Misc. 2d 852 (People v. Brody) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court 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. Brody, 52 Misc. 2d 852, 277 N.Y.S.2d 154, 1966 N.Y. Misc. LEXIS 1317 (N.Y. Ct. App. 1966).

Pincite

Opinion

Per Curiam.

It was error for the court below to direct the substitution of Blor Realty Corporation for defendant Brody over the objection of the People. The proceeding was instituted by the People against defendant Brody who was the only person before the court. No proceeding was brought by the People against the corporation. (See Code Grim. Pro., §§ 675, 677, 681.)

It was likewise error for the trial court to set aside its finding of guilt of defendant Brody and to grant him a new trial. Insufficient facts were presented to the trial court to call for reversal [853]*853of its earlier finding of guilt (cf. Matter of O’Connor v. Weinfeld, 47 Misc 2d 228). Moreover, there is doubt whether the court had the power to grant a new trial except on the ground of newly discovered evidence (N. Y. City Crim. Ct. Act, § 33, subd. [4]; People v. Swerdlow, 11 N Y 2d 140, 141).

Judgment of conviction rendered against Blor Realty Corporation reversed on the law and on the facts and the matter remanded to the court below for further action against defendant Brody, not inconsistent with order entered hereon, as may be warranted.

Concur — Street, J. P., Gold and Hopstadter, JJ.

Judgment reversed, etc.

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Per Curiam.

It was error for the court below to direct the substitution of Blor Realty Corporation for defendant Brody over the objection of the People. The proceeding was instituted by the People against defendant Brody who was the only person before the court. No proceeding was brought by the People against the corporation. (See Code Grim. Pro., §§ 675, 677, 681.)

It was likewise error for the trial court to set aside its finding of guilt of defendant Brody and to grant him a new trial. Insufficient facts were presented to the trial court to call for reversal [853]*853of its earlier finding of guilt (cf. Matter of O’Connor v. Weinfeld, 47 Misc 2d 228). Moreover, there is doubt whether the court had the power to grant a new trial except on the ground of newly discovered evidence (N. Y. City Crim. Ct. Act, § 33, subd. [4]; People v. Swerdlow, 11 N Y 2d 140, 141).

Judgment of conviction rendered against Blor Realty Corporation reversed on the law and on the facts and the matter remanded to the court below for further action against defendant Brody, not inconsistent with order entered hereon, as may be warranted.

Concur — Street, J. P., Gold and Hopstadter, JJ.

Judgment reversed, etc.

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Bluebook (online)

52 Misc. 2d 852, 277 N.Y.S.2d 154, 1966 N.Y. Misc. LEXIS 1317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brody-nyappterm-1966.

Opinion

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