People v. Donati

Appellate Division of the Supreme Court of New York

People v. Donati

50 A.D.2d 934, 378 N.Y.S.2d 642, 1975 N.Y. App. Div. LEXIS 11866

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

DecidedDecember 31, 1975

StatusPublished

This text of 50 A.D.2d 934 (People v. Donati) 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. Donati, 50 A.D.2d 934, 378 N.Y.S.2d 642, 1975 N.Y. App. Div. LEXIS 11866 (N.Y. Ct. App. 1975).

Pincite

Opinion

— Appeal by defendant from (1) a judgment of the County Court, Westchester County, rendered November 5, 1973, convict[935]*935ing him of assault in the first degree, assault in the second degree and possession of a weapon, dangerous instrument and appliance, as a misdemeanor, upon a jury verdict, and imposing sentence, and (2) (by permission) an order of the same court, dated December 10, 1974, which denied, without a hearing, his motion to vacate the judgment. Judgment and order affirmed. No opinion. Martuscello, Acting P. J., Latham, Margett and Brennan, JJ., concur; Shapiro, J., concurs, with the following memorandum: Defendant was indicted for murder and, in separate counts, for assault in the first and second degrees and possession of a weapon, dangerous instrument and appliance, as a misdemeanor. He was acquitted of murder and manslaughter in the first degree. He was found guilty of assault in the first degree, assault in the second degree and possession of a weapon. Although the verdict may be inconsistent, that is not a ground for setting it aside where the defendant has been indicted for separate crimes in separate counts (Dunn v United States, 284 US 390; People v Sciascia, 268 App Div 14, affd 294 NY 927; People v Williams, 47 AD2d 262).

Free access — add to your briefcase to read the full text and ask questions with AI

— Appeal by defendant from (1) a judgment of the County Court, Westchester County, rendered November 5, 1973, convict[935]*935ing him of assault in the first degree, assault in the second degree and possession of a weapon, dangerous instrument and appliance, as a misdemeanor, upon a jury verdict, and imposing sentence, and (2) (by permission) an order of the same court, dated December 10, 1974, which denied, without a hearing, his motion to vacate the judgment. Judgment and order affirmed. No opinion. Martuscello, Acting P. J., Latham, Margett and Brennan, JJ., concur; Shapiro, J., concurs, with the following memorandum: Defendant was indicted for murder and, in separate counts, for assault in the first and second degrees and possession of a weapon, dangerous instrument and appliance, as a misdemeanor. He was acquitted of murder and manslaughter in the first degree. He was found guilty of assault in the first degree, assault in the second degree and possession of a weapon. Although the verdict may be inconsistent, that is not a ground for setting it aside where the defendant has been indicted for separate crimes in separate counts (Dunn v United States, 284 US 390; People v Sciascia, 268 App Div 14, affd 294 NY 927; People v Williams, 47 AD2d 262).

Cite This Page — Counsel Stack

Bluebook (online)

50 A.D.2d 934, 378 N.Y.S.2d 642, 1975 N.Y. App. Div. LEXIS 11866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-donati-nyappdiv-1975.

Opinion

Related

Cite This Page — Counsel Stack