People v. Failla

Appellate Division of the Supreme Court of New York

People v. Failla

15 A.D.2d 806, 225 N.Y.S.2d 156, 1962 N.Y. App. Div. LEXIS 11447

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

DecidedFebruary 19, 1962

StatusPublished

This text of 15 A.D.2d 806 (People v. Failla) 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. Failla, 15 A.D.2d 806, 225 N.Y.S.2d 156, 1962 N.Y. App. Div. LEXIS 11447 (N.Y. Ct. App. 1962).

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Opinion

Motion by respondent to dismiss appeal, denied. Cross motion by appellant to dispense with printing, granted. The appeal will be heard on the original papers (including the typed minutes) and on appellant’s typewritten 'brief, which shall include a copy of the opinion, if any, of the court below. The appellant is directed to file six copies of his typewritten brief and to serve one copy on the District Attorney. Cross motion by appellant to enlarge time to perfect the appeal, granted; time enlarged to the May Term, beginning April 23, 1962; appeal ordered on the calendar for said term. Cross motion by appellant for assignment of a Justice to settle the record on appeal upon the ground that the County Judge who tried the case is now a Justice of the Supreme Court. Motion denied as unnecessary. Section 458 of the Code of Criminal Procedure expressly provides that when “the defendant intends to appeal from a judgment entered after a trial of an issue of fact * * * it shall not be necessary to make a ease * * * as prescribed in this section, but the appeal shall be heard upon the judgment-roll including the copy of the minutes of the trial filed as prescribed by section four hundred fifty-six [of the Code of Criminal Procedure].” Beldock, P. J., Kleinfeld, Brennan, Hill and Hopkins, JJ., concur.

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Motion by respondent to dismiss appeal, denied. Cross motion by appellant to dispense with printing, granted. The appeal will be heard on the original papers (including the typed minutes) and on appellant’s typewritten 'brief, which shall include a copy of the opinion, if any, of the court below. The appellant is directed to file six copies of his typewritten brief and to serve one copy on the District Attorney. Cross motion by appellant to enlarge time to perfect the appeal, granted; time enlarged to the May Term, beginning April 23, 1962; appeal ordered on the calendar for said term. Cross motion by appellant for assignment of a Justice to settle the record on appeal upon the ground that the County Judge who tried the case is now a Justice of the Supreme Court. Motion denied as unnecessary. Section 458 of the Code of Criminal Procedure expressly provides that when “the defendant intends to appeal from a judgment entered after a trial of an issue of fact * * * it shall not be necessary to make a ease * * * as prescribed in this section, but the appeal shall be heard upon the judgment-roll including the copy of the minutes of the trial filed as prescribed by section four hundred fifty-six [of the Code of Criminal Procedure].” Beldock, P. J., Kleinfeld, Brennan, Hill and Hopkins, JJ., concur.

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Bluebook (online)

15 A.D.2d 806, 225 N.Y.S.2d 156, 1962 N.Y. App. Div. LEXIS 11447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-failla-nyappdiv-1962.