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People v. Nelson

431 N.E.2d 640, 55 N.Y.2d 743, 447 N.Y.S.2d 155, 1981 N.Y. LEXIS 3282
CourtNew York Court of Appeals
DecidedNovember 24, 1981
StatusPublished
Cited by3 cases

This text of 431 N.E.2d 640 (People v. Nelson) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Nelson, 431 N.E.2d 640, 55 N.Y.2d 743, 447 N.Y.S.2d 155, 1981 N.Y. LEXIS 3282 (N.Y. 1981).

Opinion

Appeal dismissed by the Court of Appeals sua sponte. Inasmuch as the certificate granting permission to appeal was issued by an Appellate Division Justice pursuant to an application under CPL 460.20 (subd 2, par [a], cl [ii]) during the pendency of a prior application filed in this court pursuant to CPL 460.20 (subd 2, par [a], cl [ii]), which application has not yet been determined, there was no jurisdiction in the Justice of the Appellate Division to [744]*744entertain the CPL 460.20 application (see People v McCarthy, 250 NY 358). In view of this sua sponte disposition, the court disregards defendant’s request to withdraw his initial CPL 460.20 application. Said request is marked “withdrawn”.

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Related

People v. Ramos
105 A.D.3d 684 (Appellate Division of the Supreme Court of New York, 2013)
People v. Liner
519 N.E.2d 619 (New York Court of Appeals, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
431 N.E.2d 640, 55 N.Y.2d 743, 447 N.Y.S.2d 155, 1981 N.Y. LEXIS 3282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-nelson-ny-1981.