People v. Engargola

Appellate Division of the Supreme Court of New York

People v. Engargola

255 A.D. 980, 8 N.Y.S.2d 4, 1938 N.Y. App. Div. LEXIS 6140

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

DecidedDecember 5, 1938

StatusPublished

This text of 255 A.D. 980 (People v. Engargola) 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. Engargola, 255 A.D. 980, 8 N.Y.S.2d 4, 1938 N.Y. App. Div. LEXIS 6140 (N.Y. Ct. App. 1938).

Pincite

Opinion

Judgment of the County Court of Kings county, convicting defendant of the crime of assault in the second degree, reversed on the law and a new trial ordered. The court erred in its charge in the observations made preliminarily to the instructions respecting self-defense at folio 462, and in its charge respecting the effect of the giving of false testimony by a witness, at folio 468. These errors may not be overlooked as not being prejudicial, even though the record contains an ample basis for the jury’s verdict of conviction. Lazansky, P. J., Hagarty, Carswell, Davis and Close, JJ., concur.

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Judgment of the County Court of Kings county, convicting defendant of the crime of assault in the second degree, reversed on the law and a new trial ordered. The court erred in its charge in the observations made preliminarily to the instructions respecting self-defense at folio 462, and in its charge respecting the effect of the giving of false testimony by a witness, at folio 468. These errors may not be overlooked as not being prejudicial, even though the record contains an ample basis for the jury’s verdict of conviction. Lazansky, P. J., Hagarty, Carswell, Davis and Close, JJ., concur.

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Bluebook (online)

255 A.D. 980, 8 N.Y.S.2d 4, 1938 N.Y. App. Div. LEXIS 6140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-engargola-nyappdiv-1938.