People v. Nicoll

Appellate Division of the Supreme Court of New York

People v. Nicoll

3 A.D.2d 813, 160 N.Y.S.2d 318, 1957 N.Y. App. Div. LEXIS 6243

Procedural entryThis page is a short order in People v. Nicoll. Read the opinion of the Court — 3 A.D.2d 64 →

Appellate Division of the Supreme Court of the State of New York·Decided March 13, 1957·Published

Opinion

Motion under subdivision 2 of section 344 of the Code of Criminal Procedure to remove the above-entitled action from the County Court in Herkimer County to a term of the Supreme Court in another county, granted, and trial removed from Herkimer County Court to the Supreme Court of Onondaga County. We are satisfied from the moving papers that a fair and impartial trial cannot be had in the county where the indictment is pending. Order entered designating Hon. Frank Del Vecchio to preside at a term of court fixed by the Justices of this court to commence on the 8th of April, 1957.

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Motion under subdivision 2 of section 344 of the Code of Criminal Procedure to remove the above-entitled action from the County Court in Herkimer County to a term of the Supreme Court in another county, granted, and trial removed from Herkimer County Court to the Supreme Court of Onondaga County. We are satisfied from the moving papers that a fair and impartial trial cannot be had in the county where the indictment is pending. Order entered designating Hon. Frank Del Vecchio to preside at a term of court fixed by the Justices of this court to commence on the 8th of April, 1957.

People v. Nicoll, 3 A.D.2d 813, 160 N.Y.S.2d 318, 1957 N.Y. App. Div. LEXIS 6243 (N.Y. Ct. App. 1957).

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