People v. Diaz

Appellate Division of the Supreme Court of New York

People v. Diaz

245 A.D. 767

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

DecidedJune 15, 1935

StatusPublished

This text of 245 A.D. 767 (People v. Diaz) 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. Diaz, 245 A.D. 767 (N.Y. Ct. App. 1935).

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Opinion

Order of the County Court of Kings county granting defendant’s motion to dismiss an indictment against him for perjury reversed on the law, motion denied and indictment reinstated. In our opinion, the language of section 854 of the [768]*768Civil Practice Act does not require the oath in a proceeding for justification of bail to be administered by the judge of the court or the court itself, but may be administered by the clerk assigned to the court, pursuant to section 357 of the Civil Practice Act. Lazansky, P. J., Young, Carswell, Tompkins and Johnston, JJ., concur.

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Order of the County Court of Kings county granting defendant’s motion to dismiss an indictment against him for perjury reversed on the law, motion denied and indictment reinstated. In our opinion, the language of section 854 of the [768]*768Civil Practice Act does not require the oath in a proceeding for justification of bail to be administered by the judge of the court or the court itself, but may be administered by the clerk assigned to the court, pursuant to section 357 of the Civil Practice Act. Lazansky, P. J., Young, Carswell, Tompkins and Johnston, JJ., concur.

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Bluebook (online)

245 A.D. 767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-diaz-nyappdiv-1935.