People v. Elliott

Appellate Division of the Supreme Court of New York

People v. Elliott

10 A.D.2d 735, 199 N.Y.S.2d 66, 1960 N.Y. App. Div. LEXIS 10935

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

DecidedMarch 28, 1960

StatusPublished

Cited by3 cases

This text of 10 A.D.2d 735 (People v. Elliott) 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. Elliott, 10 A.D.2d 735, 199 N.Y.S.2d 66, 1960 N.Y. App. Div. LEXIS 10935 (N.Y. Ct. App. 1960).

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Opinion

Appeal from a judgment of the County Court, Kings County, sentencing appellant, after he had been found guilty, by a jury, of grand larceny in the first degree, to serve from 7% to 10 years, as a second felony offender. Judgment reversed upon the law and a new trial ordered. The failure of the trial court to charge the provisions of section 393 of the Code of Criminal Procedure, followed by the court’s refusal to recall the jury, while the jury was deliberating on the case, so as to give them this instruction, constituted reversible error. The request so to charge, having been made before the jury rendered their verdict, was timely (Code Grim. Pro., § 420-a). Nolan, P. J., TJghetta, Kleinfeld, Christ and Brennan, JJ., concur.

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Appeal from a judgment of the County Court, Kings County, sentencing appellant, after he had been found guilty, by a jury, of grand larceny in the first degree, to serve from 7% to 10 years, as a second felony offender. Judgment reversed upon the law and a new trial ordered. The failure of the trial court to charge the provisions of section 393 of the Code of Criminal Procedure, followed by the court’s refusal to recall the jury, while the jury was deliberating on the case, so as to give them this instruction, constituted reversible error. The request so to charge, having been made before the jury rendered their verdict, was timely (Code Grim. Pro., § 420-a). Nolan, P. J., TJghetta, Kleinfeld, Christ and Brennan, JJ., concur.

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Bluebook (online)

10 A.D.2d 735, 199 N.Y.S.2d 66, 1960 N.Y. App. Div. LEXIS 10935, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-elliott-nyappdiv-1960.

Opinion

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