People v. Nicholson

Appellate Division of the Supreme Court of New York

People v. Nicholson

209 A.D.2d 1019, 619 N.Y.S.2d 995, 1994 N.Y. App. Div. LEXIS 12054

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

DecidedNovember 16, 1994

StatusPublished

Cited by2 cases

This text of 209 A.D.2d 1019 (People v. Nicholson) 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. Nicholson, 209 A.D.2d 1019, 619 N.Y.S.2d 995, 1994 N.Y. App. Div. LEXIS 12054 (N.Y. Ct. App. 1994).

Pincite

Opinion

—Appeal unanimously dismissed. Memorandum: This is an appeal by defendant from an order summarily denying his motion, pursuant to People v Mitchell (189 AD2d 337), to reconstruct the record of his trial to reflect that a Sandoval conference was conducted off the record and outside defendant’s presence. Defendant sought reconstruction in order to enable him to raise a Dokes issue (see, People v Dokes, 79 NY2d 656) on the pending appeal from his conviction of second degree murder. Defendant contends that the court erred in denying the reconstruction motion without a hearing despite the fact that the motion papers had raised a question of fact concerning whether a Sandoval conference had been conducted.

On our own motion, we dismiss the appeal on the ground that the court’s order is not appealable pursuant to CPL 450.10 and 450.20. To the extent that prior decisions of this Court may be construed to hold otherwise (see, People v Brown, 199 AD2d 963; People v Browne, 195 AD2d 1055, lv denied 82 NY2d 848; People v Walker, 189 AD2d 341, lv dismissed 81 NY2d 1065), they are not to be followed. (Appeal from Order of Monroe County Court, Maloy, J.—Reconstruct Record.) Present—Denman, P. J., Green, Fallon, Wesley and Doerr, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Appeal unanimously dismissed. Memorandum: This is an appeal by defendant from an order summarily denying his motion, pursuant to People v Mitchell (189 AD2d 337), to reconstruct the record of his trial to reflect that a Sandoval conference was conducted off the record and outside defendant’s presence. Defendant sought reconstruction in order to enable him to raise a Dokes issue (see, People v Dokes, 79 NY2d 656) on the pending appeal from his conviction of second degree murder. Defendant contends that the court erred in denying the reconstruction motion without a hearing despite the fact that the motion papers had raised a question of fact concerning whether a Sandoval conference had been conducted.

On our own motion, we dismiss the appeal on the ground that the court’s order is not appealable pursuant to CPL 450.10 and 450.20. To the extent that prior decisions of this Court may be construed to hold otherwise (see, People v Brown, 199 AD2d 963; People v Browne, 195 AD2d 1055, lv denied 82 NY2d 848; People v Walker, 189 AD2d 341, lv dismissed 81 NY2d 1065), they are not to be followed. (Appeal from Order of Monroe County Court, Maloy, J.—Reconstruct Record.) Present—Denman, P. J., Green, Fallon, Wesley and Doerr, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

209 A.D.2d 1019, 619 N.Y.S.2d 995, 1994 N.Y. App. Div. LEXIS 12054, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-nicholson-nyappdiv-1994.

Opinion

Related

Cite This Page — Counsel Stack