People v. Fagan

Appellate Division of the Supreme Court of New York

People v. Fagan

32 A.D.2d 844, 302 N.Y.S.2d 503, 1969 N.Y. App. Div. LEXIS 3555

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

DecidedJune 30, 1969

StatusPublished

This text of 32 A.D.2d 844 (People v. Fagan) 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. Fagan, 32 A.D.2d 844, 302 N.Y.S.2d 503, 1969 N.Y. App. Div. LEXIS 3555 (N.Y. Ct. App. 1969).

Pincite

Opinion

Appeal from an order of the Supreme Court, Kings County, dated October 11, 1967, dismissed. We construe defendant’s motion as one for resentence. As such, the order denying the motion is not appealable (People v. Machado, 18 A D 2d 1103; People v. Noor, 31 A D 2d 524). We have nevertheless considered the motion on its merits and, were we not dismissing this appeal, we would affirm the order. Beldock, P. J., Christ, Brennan, Rabin and Benjamin, JJ., concur.

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Appeal from an order of the Supreme Court, Kings County, dated October 11, 1967, dismissed. We construe defendant’s motion as one for resentence. As such, the order denying the motion is not appealable (People v. Machado, 18 A D 2d 1103; People v. Noor, 31 A D 2d 524). We have nevertheless considered the motion on its merits and, were we not dismissing this appeal, we would affirm the order. Beldock, P. J., Christ, Brennan, Rabin and Benjamin, JJ., concur.

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Bluebook (online)

32 A.D.2d 844, 302 N.Y.S.2d 503, 1969 N.Y. App. Div. LEXIS 3555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fagan-nyappdiv-1969.