People v. Matthews

Appellate Division of the Supreme Court of New York

People v. Matthews

283 A.D. 982, 130 N.Y.S.2d 659, 1954 N.Y. App. Div. LEXIS 5996

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

DecidedMay 19, 1954

StatusPublished

This text of 283 A.D. 982 (People v. Matthews) 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. Matthews, 283 A.D. 982, 130 N.Y.S.2d 659, 1954 N.Y. App. Div. LEXIS 5996 (N.Y. Ct. App. 1954).

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Opinion

Appeal from an order of the County Court, Ulster County. The notice of appeal herein states that it is an appeal “ from a judgment of conviction of the County Court of Ulster County ”, but the record discloses, and it seems conceded, that the County Court did not enter a judgment of conviction, but rather an order of affirmance of a judgment of conviction of a Court of Special Sessions which was reviewed on appeal by the County Court. In those circumstances an appeal from the order of affirmance would not lie here. (Code Grim. Pro., § 520.) Appeal dismissed, but the order shall provide that the dismissal is without prejudice to an application by appellant to restore it to the calendar on showing the existence of jurisdiction in this court. Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ., concur.

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Appeal from an order of the County Court, Ulster County. The notice of appeal herein states that it is an appeal “ from a judgment of conviction of the County Court of Ulster County ”, but the record discloses, and it seems conceded, that the County Court did not enter a judgment of conviction, but rather an order of affirmance of a judgment of conviction of a Court of Special Sessions which was reviewed on appeal by the County Court. In those circumstances an appeal from the order of affirmance would not lie here. (Code Grim. Pro., § 520.) Appeal dismissed, but the order shall provide that the dismissal is without prejudice to an application by appellant to restore it to the calendar on showing the existence of jurisdiction in this court. Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ., concur.

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Bluebook (online)

283 A.D. 982, 130 N.Y.S.2d 659, 1954 N.Y. App. Div. LEXIS 5996, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-matthews-nyappdiv-1954.