People v. Foreman

Appellate Division of the Supreme Court of New York

People v. Foreman

13 A.D.2d 500, 212 N.Y.S.2d 338, 1961 N.Y. App. Div. LEXIS 12312

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

DecidedMarch 6, 1961

StatusPublished

Cited by1 cases

This text of 13 A.D.2d 500 (People v. Foreman) 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. Foreman, 13 A.D.2d 500, 212 N.Y.S.2d 338, 1961 N.Y. App. Div. LEXIS 12312 (N.Y. Ct. App. 1961).

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Opinion

Motion by defendant-appellant to vacate judgment of the County Court, Bangs County, rendered June 24, 1948, after a jury trial, convicting him of rape in the first degree, and for a new trial. Motion granted. The motion is made on the ground that it is not possible to obtain a transcript of the minutes of the trial, the stenographer being dead. The District Attorney concedes that the transcript is unavailable and cannot be made available. Under the circumstances the court has no alternative other than to reverse said judgment and to order a new trial (People v. De Wilkowska, 246 App. Div. 285; [501]*501People v. Keefe, 254 App. Div. 683; People v. Kaplan, 278 App. Div. 665). Nolan, P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.

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Motion by defendant-appellant to vacate judgment of the County Court, Bangs County, rendered June 24, 1948, after a jury trial, convicting him of rape in the first degree, and for a new trial. Motion granted. The motion is made on the ground that it is not possible to obtain a transcript of the minutes of the trial, the stenographer being dead. The District Attorney concedes that the transcript is unavailable and cannot be made available. Under the circumstances the court has no alternative other than to reverse said judgment and to order a new trial (People v. De Wilkowska, 246 App. Div. 285; [501]*501People v. Keefe, 254 App. Div. 683; People v. Kaplan, 278 App. Div. 665). Nolan, P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.

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Bluebook (online)

13 A.D.2d 500, 212 N.Y.S.2d 338, 1961 N.Y. App. Div. LEXIS 12312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-foreman-nyappdiv-1961.

Opinion

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