People v. Gittelson

Appellate Division of the Supreme Court of New York

People v. Gittelson

22 A.D.2d 789, 1964 N.Y. App. Div. LEXIS 2717

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

DecidedNovember 24, 1964

StatusPublished

This text of 22 A.D.2d 789 (People v. Gittelson) 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. Gittelson, 22 A.D.2d 789, 1964 N.Y. App. Div. LEXIS 2717 (N.Y. Ct. App. 1964).

Pincite

Opinion

Motion for a change of venue from the Supreme Court of New York County to a county outside the City of New York, pursuant to subdivision 2 of section 346 of the Code of Criminal Procedure, denied. The papers do not establish that defendant could not obtain a fair trial in the County of New York, or that he would not obtain as fair a trial in the County of New York as he could elsewhere in the State of New York. Moreover, since defendant’s contentions relate only to the recent surge of publicity in connection with the ease, even this consideration — if conceivably it were given the weight defendant would ascribe to it — can be obviated by the trial not proceeding earlier than January 15, 1965. Concur — Botein, P. J., Breitel, Rabin, Stevens and Eager, JJ.

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Motion for a change of venue from the Supreme Court of New York County to a county outside the City of New York, pursuant to subdivision 2 of section 346 of the Code of Criminal Procedure, denied. The papers do not establish that defendant could not obtain a fair trial in the County of New York, or that he would not obtain as fair a trial in the County of New York as he could elsewhere in the State of New York. Moreover, since defendant’s contentions relate only to the recent surge of publicity in connection with the ease, even this consideration — if conceivably it were given the weight defendant would ascribe to it — can be obviated by the trial not proceeding earlier than January 15, 1965. Concur — Botein, P. J., Breitel, Rabin, Stevens and Eager, JJ.

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Bluebook (online)

22 A.D.2d 789, 1964 N.Y. App. Div. LEXIS 2717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gittelson-nyappdiv-1964.