People v. Mysholowsky

Appellate Division of the Supreme Court of New York

People v. Mysholowsky

27 A.D.2d 573, 276 N.Y.S.2d 78, 1966 N.Y. App. Div. LEXIS 2740

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

DecidedDecember 27, 1966

StatusPublished

This text of 27 A.D.2d 573 (People v. Mysholowsky) 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. Mysholowsky, 27 A.D.2d 573, 276 N.Y.S.2d 78, 1966 N.Y. App. Div. LEXIS 2740 (N.Y. Ct. App. 1966).

Pincite

Opinion

Appeal from order of the Supreme Court, Kings County, dated November 4, 1965, dismissed. No matter how denominated, the application under review sought only resentence. An order denying such relief without a hearing is not appealable (Code Crim. Pro., § 517; see People v. Brown, 26 A D 2d 779; People v. Machado, 23 A D 2d 690; People v. Stevenson, 23 A D 2d 856). However, we have examined the record and have considered appellant’s contentions; if we did not dismiss the appeal, we would have affirmed the order. Christ, Acting P. J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur.

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Appeal from order of the Supreme Court, Kings County, dated November 4, 1965, dismissed. No matter how denominated, the application under review sought only resentence. An order denying such relief without a hearing is not appealable (Code Crim. Pro., § 517; see People v. Brown, 26 A D 2d 779; People v. Machado, 23 A D 2d 690; People v. Stevenson, 23 A D 2d 856). However, we have examined the record and have considered appellant’s contentions; if we did not dismiss the appeal, we would have affirmed the order. Christ, Acting P. J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur.

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Bluebook (online)

27 A.D.2d 573, 276 N.Y.S.2d 78, 1966 N.Y. App. Div. LEXIS 2740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mysholowsky-nyappdiv-1966.