People v. Conklin

Appellate Division of the Supreme Court of New York

People v. Conklin

43 A.D.2d 947, 351 N.Y.S.2d 948, 1974 N.Y. App. Div. LEXIS 5828

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

DecidedFebruary 4, 1974

StatusPublished

This text of 43 A.D.2d 947 (People v. Conklin) 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. Conklin, 43 A.D.2d 947, 351 N.Y.S.2d 948, 1974 N.Y. App. Div. LEXIS 5828 (N.Y. Ct. App. 1974).

Pincite

Opinion

By a previous order of this court upon this appeal by defendant from a judgment of the County Court, Rockland County, rendered January 4, 1972, convicting him of assault in the second degree, upon á jury verdict, and imposing sentence, the case was “remanded to the County Court for (1) a hearing before Coimty Judge Kelly on the issue of whether the District Attorney knew, at the time of his summation to the jury, of the existence and whereabouts of James Fisher, who defendant claimed was an alibi witness, and (2) a determination thereon ”, with the appeal held in abeyance in the interim (People v. Conklin, 40 A D 2d 1035). Such hearing has been had, following which County Judge Kelly made a determination dated April 3, 1973, that, inter alla, the Assistant District Attorney, prior to his summation to the jury, had no knowledge of the existence of James Fisher or of his whereabouts. Judgment affirmed. No opinion. Martuscello, Acting P. J., Latham, Christ and Munder, JJ., concur.

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By a previous order of this court upon this appeal by defendant from a judgment of the County Court, Rockland County, rendered January 4, 1972, convicting him of assault in the second degree, upon á jury verdict, and imposing sentence, the case was “remanded to the County Court for (1) a hearing before Coimty Judge Kelly on the issue of whether the District Attorney knew, at the time of his summation to the jury, of the existence and whereabouts of James Fisher, who defendant claimed was an alibi witness, and (2) a determination thereon ”, with the appeal held in abeyance in the interim (People v. Conklin, 40 A D 2d 1035). Such hearing has been had, following which County Judge Kelly made a determination dated April 3, 1973, that, inter alla, the Assistant District Attorney, prior to his summation to the jury, had no knowledge of the existence of James Fisher or of his whereabouts. Judgment affirmed. No opinion. Martuscello, Acting P. J., Latham, Christ and Munder, JJ., concur.

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Bluebook (online)

43 A.D.2d 947, 351 N.Y.S.2d 948, 1974 N.Y. App. Div. LEXIS 5828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-conklin-nyappdiv-1974.