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People v. Cosimo

4 A.D.2d 1027, 168 N.Y.S.2d 805, 1957 N.Y. App. Div. LEXIS 3583
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 17, 1957
StatusPublished

This text of 4 A.D.2d 1027 (People v. Cosimo) 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. Cosimo, 4 A.D.2d 1027, 168 N.Y.S.2d 805, 1957 N.Y. App. Div. LEXIS 3583 (N.Y. Ct. App. 1957).

Opinions

Appeal from a judgment of a Court of General Sessions, County of New York, rendered February 19, 1957, upon a verdict convicting defendant of the crimes of possessing a narcotic drug with intent to sell and possessing a narcotic drug.

Memorandum bt the Court. A conviction should not be permitted to stand even though the proof of the defendant’s guilt be clear and convincing, where the conduct of the District Attorney is such as to affect the substantial rights of the defendant. We are- of the opinion that in this case the claimed misconduct on the part of the District Attorney did not affect the substantial rights of the appellant and, therefore, the judgment of conviction should be affirmed (Code Crim. Pro., § 542).

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Related

People v. . Hinksman
85 N.E. 676 (New York Court of Appeals, 1908)
People v. Will
46 N.E.2d 498 (New York Court of Appeals, 1943)
People v. Mleczko
81 N.E.2d 65 (New York Court of Appeals, 1948)
People v. Russo
278 A.D. 98 (Appellate Division of the Supreme Court of New York, 1951)

Cite This Page — Counsel Stack

Bluebook (online)
4 A.D.2d 1027, 168 N.Y.S.2d 805, 1957 N.Y. App. Div. LEXIS 3583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cosimo-nyappdiv-1957.