People v. Jordan

Appellate Division of the Supreme Court of New York

People v. Jordan

18 A.D.2d 923, 254 N.Y.S.2d 96, 1963 N.Y. App. Div. LEXIS 4410

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

DecidedFebruary 11, 1963

StatusPublished

This text of 18 A.D.2d 923 (People v. Jordan) 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. Jordan, 18 A.D.2d 923, 254 N.Y.S.2d 96, 1963 N.Y. App. Div. LEXIS 4410 (N.Y. Ct. App. 1963).

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Opinion

Appeal by defendant from a judgment of the former County Court, Kings County, rendered June 10, 1958 after a jury trial, convicting him of murder in the first degree, and, upon the jury’s recommendation, sentencing him to serve a term of imprisonment for his natural life. Judgment reversed on the law and new trial granted. The questions of fact raised were considered; the findings implicit in the jury’s verdict are affirmed. The defendant and one Miller were jointly indicted and tried. The judgment of conviction of Miller was reversed by the Court of Appeals and a new trial was ordered on the grounds: (1) that the Trial Justice had failed to answer or had failed to answer adequately proper questions submitted by the jury and that such failure seriously prejudiced Miller; and (2) that the People improperly introduced evidence that the murder victim had a wife and seven children (People v. Miller, 6 N Y 2d 152; see, also, 9 N Y 2d 839). The reasoning of the Court of Appeals in Miller’s case (6 N Y 2d 152) is also applicable to the present defendant. Beldock, P. J., Kleinfeld, Christ, Hill and Hopkins, JJ., concur.

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Appeal by defendant from a judgment of the former County Court, Kings County, rendered June 10, 1958 after a jury trial, convicting him of murder in the first degree, and, upon the jury’s recommendation, sentencing him to serve a term of imprisonment for his natural life. Judgment reversed on the law and new trial granted. The questions of fact raised were considered; the findings implicit in the jury’s verdict are affirmed. The defendant and one Miller were jointly indicted and tried. The judgment of conviction of Miller was reversed by the Court of Appeals and a new trial was ordered on the grounds: (1) that the Trial Justice had failed to answer or had failed to answer adequately proper questions submitted by the jury and that such failure seriously prejudiced Miller; and (2) that the People improperly introduced evidence that the murder victim had a wife and seven children (People v. Miller, 6 N Y 2d 152; see, also, 9 N Y 2d 839). The reasoning of the Court of Appeals in Miller’s case (6 N Y 2d 152) is also applicable to the present defendant. Beldock, P. J., Kleinfeld, Christ, Hill and Hopkins, JJ., concur.

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Bluebook (online)

18 A.D.2d 923, 254 N.Y.S.2d 96, 1963 N.Y. App. Div. LEXIS 4410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jordan-nyappdiv-1963.