People v. Loocerello

Appellate Division of the Supreme Court of New York

People v. Loocerello

18 A.D.2d 1125, 239 N.Y.S.2d 283, 1963 N.Y. App. Div. LEXIS 4033

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

DecidedApril 4, 1963

StatusPublished

This text of 18 A.D.2d 1125 (People v. Loocerello) 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. Loocerello, 18 A.D.2d 1125, 239 N.Y.S.2d 283, 1963 N.Y. App. Div. LEXIS 4033 (N.Y. Ct. App. 1963).

Pincite

Opinion

Order unanimously reversed and indictment reinstated. Memo[1126]*1126randum: The allegations of the indictment were amply supported by the evidence before the Grand Jury. The second count contains a date of September 1, 1960, which is obviously incorrect. The correct date would be September 1, 1957. This, of course, may be cured by amendment but, in any event, the insertion of an obviously incorrect date does not affect the validity of the indictment. (Appeal by the People from an order of Onondaga County Court dismissing indictment No. 62-28 charging the defendant Lago with violations of section 2460 of Penal Law.) Present — Williams, P. J., Bastow, Halpern, MeClusky and Henry, JJ.

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Order unanimously reversed and indictment reinstated. Memo[1126]*1126randum: The allegations of the indictment were amply supported by the evidence before the Grand Jury. The second count contains a date of September 1, 1960, which is obviously incorrect. The correct date would be September 1, 1957. This, of course, may be cured by amendment but, in any event, the insertion of an obviously incorrect date does not affect the validity of the indictment. (Appeal by the People from an order of Onondaga County Court dismissing indictment No. 62-28 charging the defendant Lago with violations of section 2460 of Penal Law.) Present — Williams, P. J., Bastow, Halpern, MeClusky and Henry, JJ.

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Bluebook (online)

18 A.D.2d 1125, 239 N.Y.S.2d 283, 1963 N.Y. App. Div. LEXIS 4033, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-loocerello-nyappdiv-1963.