People v. Guariglia

Appellate Division of the Supreme Court of New York

People v. Guariglia

272 A.D.2d 784

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

DecidedApril 28, 1947

StatusPublished

This text of 272 A.D.2d 784 (People v. Guariglia) 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. Guariglia, 272 A.D.2d 784 (N.Y. Ct. App. 1947).

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Opinion

—On an indictment found more than two years after the commission of the crime, the respondent was tried and found guilty of the crime of seduction under promise of marriage. During a period of more than two years following such commission the respondent, a resident of the State, was in Europe as a member of the Dnited States armed forces, and thereafter returned. The appeal is by the People from an order of the County Court, Kings County,- which grants the respondent’s motion in arrest of judgment, sets aside the verdict, dismisses the indictment, and discharges the respondent on the-grounds that the prosecution is barred by lapse of time, under section 2176 of the Penal Law, and that the period of limitation was not suspended by the provisions of section 143 of the Code of Criminal Procedure. Order unanimously affirmed. No opinion. Present — Hagarty, Acting P. J., Cars-well,-. Johnston, Adel and Nolan, JJ. [187 Misc. 843.]

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—On an indictment found more than two years after the commission of the crime, the respondent was tried and found guilty of the crime of seduction under promise of marriage. During a period of more than two years following such commission the respondent, a resident of the State, was in Europe as a member of the Dnited States armed forces, and thereafter returned. The appeal is by the People from an order of the County Court, Kings County,- which grants the respondent’s motion in arrest of judgment, sets aside the verdict, dismisses the indictment, and discharges the respondent on the-grounds that the prosecution is barred by lapse of time, under section 2176 of the Penal Law, and that the period of limitation was not suspended by the provisions of section 143 of the Code of Criminal Procedure. Order unanimously affirmed. No opinion. Present — Hagarty, Acting P. J., Cars-well,-. Johnston, Adel and Nolan, JJ. [187 Misc. 843.]

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272 A.D.2d 784, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-guariglia-nyappdiv-1947.

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