People v. Mello

Appellate Division of the Supreme Court of New York

People v. Mello

285 A.D. 1067, 139 N.Y.S.2d 558, 1955 N.Y. App. Div. LEXIS 6689

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

DecidedApril 11, 1955

StatusPublished

Cited by1 cases

This text of 285 A.D. 1067 (People v. Mello) 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. Mello, 285 A.D. 1067, 139 N.Y.S.2d 558, 1955 N.Y. App. Div. LEXIS 6689 (N.Y. Ct. App. 1955).

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Opinion

Judgment of the County Court, Kings County, convicting defendant of grand larceny, first degree, and sentencing him to an indeterminate term of one to two years in Sing Sing Prison, reversed on the law and the facts, and indictment dismissed. The proof clearly shows that defendant was authorized to use the proceeds of the check for his own purposes for a short time, and his appropriation thereof did not constitute a larceny. (People v. Scudder, 177 App. Div. 225, affd. 221 N. Y. 670; People v. Noblett, 244 N. Y. 355; People v. Bisehoff, 224 App. Div. 291; People V. Iteiburn, 253 App. Div. 603.) No [1068]*1068separate appeal lies from the sentence which has been reviewed on the appeal from the judgment of conviction. Nolan, P. J., Wenzel, Schmidt, Beldock and Murphy, JJ., concur.

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Judgment of the County Court, Kings County, convicting defendant of grand larceny, first degree, and sentencing him to an indeterminate term of one to two years in Sing Sing Prison, reversed on the law and the facts, and indictment dismissed. The proof clearly shows that defendant was authorized to use the proceeds of the check for his own purposes for a short time, and his appropriation thereof did not constitute a larceny. (People v. Scudder, 177 App. Div. 225, affd. 221 N. Y. 670; People v. Noblett, 244 N. Y. 355; People v. Bisehoff, 224 App. Div. 291; People V. Iteiburn, 253 App. Div. 603.) No [1068]*1068separate appeal lies from the sentence which has been reviewed on the appeal from the judgment of conviction. Nolan, P. J., Wenzel, Schmidt, Beldock and Murphy, JJ., concur.

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Bluebook (online)

285 A.D. 1067, 139 N.Y.S.2d 558, 1955 N.Y. App. Div. LEXIS 6689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mello-nyappdiv-1955.

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