People v. Mendola

Appellate Division of the Supreme Court of New York

People v. Mendola

3 A.D.2d 811, 160 N.Y.S.2d 232, 1957 N.Y. App. Div. LEXIS 6228

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

DecidedMarch 13, 1957

StatusPublished

This text of 3 A.D.2d 811 (People v. Mendola) 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. Mendola, 3 A.D.2d 811, 160 N.Y.S.2d 232, 1957 N.Y. App. Div. LEXIS 6228 (N.Y. Ct. App. 1957).

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Opinion

Upon remission from the Court of Appeals (2 N Y 2d 270) judgment of conviction reversed on the facts and in the exercise of this court’s independent discretion and a new trial granted in the interests of justice. Memorandum: When the original appeal in this ease was before us we decided that the defendant was entitled to reversal and a new trial as a matter of law. (People v. Mendola, 1 A D 2d 413.) The Court of Appeals reversed our determination on the ground that there was a matter of discretion involved which should have been reviewed by this court, and remitted the matter to this court for the purpose of determining whether or not a new trial should be ordered in the interests of justice. (Code Grim. Pro., § 527.) We now hold that the judgment of conviction should be reversed and that the defendant be given a new trial in the interests of justice. All concur. Present — MeCurn, P. J., Vaughan, Kimball, Williams and Bastow, JJ.

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Upon remission from the Court of Appeals (2 N Y 2d 270) judgment of conviction reversed on the facts and in the exercise of this court’s independent discretion and a new trial granted in the interests of justice. Memorandum: When the original appeal in this ease was before us we decided that the defendant was entitled to reversal and a new trial as a matter of law. (People v. Mendola, 1 A D 2d 413.) The Court of Appeals reversed our determination on the ground that there was a matter of discretion involved which should have been reviewed by this court, and remitted the matter to this court for the purpose of determining whether or not a new trial should be ordered in the interests of justice. (Code Grim. Pro., § 527.) We now hold that the judgment of conviction should be reversed and that the defendant be given a new trial in the interests of justice. All concur. Present — MeCurn, P. J., Vaughan, Kimball, Williams and Bastow, JJ.

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Bluebook (online)

3 A.D.2d 811, 160 N.Y.S.2d 232, 1957 N.Y. App. Div. LEXIS 6228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mendola-nyappdiv-1957.