People v. Miller

Appellate Division of the Supreme Court of New York

People v. Miller

4 A.D.2d 758, 166 N.Y.S.2d 489, 1957 N.Y. App. Div. LEXIS 4807

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

DecidedJuly 8, 1957

StatusPublished

This text of 4 A.D.2d 758 (People v. Miller) 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. Miller, 4 A.D.2d 758, 166 N.Y.S.2d 489, 1957 N.Y. App. Div. LEXIS 4807 (N.Y. Ct. App. 1957).

Pincite

Opinion

Appeal by defendant from a judgment of the County Court, Kings County, convicting him of the crimes of burglary in the third degree, etc. Upon consideration of defendant’s brief and his motion to vacate the judgment and for a new trial, we have concluded that, in the absence of the stenographer’s minutes of the trial, it is impossible to determine the issues presented on the appeal. The District Attorney consents to a new trial. Under the circumstances, the motion is granted, the judgment is vacated and a new trial is ordered (cf. People v. Be Mayo, 2 A D 2d 985). Present — Nolan, P. J., Beldock, Murphy, Hallinan and Kleinfeld, JJ.

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Appeal by defendant from a judgment of the County Court, Kings County, convicting him of the crimes of burglary in the third degree, etc. Upon consideration of defendant’s brief and his motion to vacate the judgment and for a new trial, we have concluded that, in the absence of the stenographer’s minutes of the trial, it is impossible to determine the issues presented on the appeal. The District Attorney consents to a new trial. Under the circumstances, the motion is granted, the judgment is vacated and a new trial is ordered (cf. People v. Be Mayo, 2 A D 2d 985). Present — Nolan, P. J., Beldock, Murphy, Hallinan and Kleinfeld, JJ.

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Bluebook (online)

4 A.D.2d 758, 166 N.Y.S.2d 489, 1957 N.Y. App. Div. LEXIS 4807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-miller-nyappdiv-1957.