People v. Hernandez

Appellate Division of the Supreme Court of New York

People v. Hernandez

7 A.D.2d 724, 180 N.Y.S.2d 597, 1958 N.Y. App. Div. LEXIS 3845

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

DecidedDecember 16, 1958

StatusPublished

This text of 7 A.D.2d 724 (People v. Hernandez) 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. Hernandez, 7 A.D.2d 724, 180 N.Y.S.2d 597, 1958 N.Y. App. Div. LEXIS 3845 (N.Y. Ct. App. 1958).

Pincite

Opinion

Order dismissing the indictment under section 668 of the Code of Criminal Procedure unanimously reversed, the order on the motion to reconsider modified to reinstate the indictment, in each instance on [725]*725the law and on the facts, the indictment reinstated, and the ease remitted to the County Court for trial. On the facts of this ease no prejudice to defendant was shown to have resulted from the six-month delay in bringing the proceeding to trial. While the original affidavit submitted by the District Attorney was insufficient to explain or excuse the delay, the defect was cured on the motion for reconsideration. Concur — Breitel, J. P., Rabin, M. M. Frank, McNally and Stevens, JJ.

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Order dismissing the indictment under section 668 of the Code of Criminal Procedure unanimously reversed, the order on the motion to reconsider modified to reinstate the indictment, in each instance on [725]*725the law and on the facts, the indictment reinstated, and the ease remitted to the County Court for trial. On the facts of this ease no prejudice to defendant was shown to have resulted from the six-month delay in bringing the proceeding to trial. While the original affidavit submitted by the District Attorney was insufficient to explain or excuse the delay, the defect was cured on the motion for reconsideration. Concur — Breitel, J. P., Rabin, M. M. Frank, McNally and Stevens, JJ.

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Bluebook (online)

7 A.D.2d 724, 180 N.Y.S.2d 597, 1958 N.Y. App. Div. LEXIS 3845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hernandez-nyappdiv-1958.