People v. Novie

Appellate Division of the Supreme Court of New York

People v. Novie

238 A.D. 792

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

DecidedFebruary 15, 1933

StatusPublished

This text of 238 A.D. 792 (People v. Novie) 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. Novie, 238 A.D. 792 (N.Y. Ct. App. 1933).

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Opinion

Judgment of conviction of the Court of Special Sessions, Borough of Brooklyn, affirmed. No opinion. Lazansky, P. J., Carswell and Davis, JJ., concur; Kapper, J., dissents and votes for reversal and a new trial, on the following grounds: It was the duty of the police officer, when apprised of the whereabouts of the alleged owner of the property, to go to that place with the defendants as they asked him to do, and ascertain whether the story was “true or a fabrication. The place to which he was asked to go was nearby and the man’s name was stated. The police officer nevertheless assumed that the story was untrue, an assumption that was unwarranted. In the circumstances the judgment of conviction was improper. Seudder, J., concurs with Kapper, J.

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Judgment of conviction of the Court of Special Sessions, Borough of Brooklyn, affirmed. No opinion. Lazansky, P. J., Carswell and Davis, JJ., concur; Kapper, J., dissents and votes for reversal and a new trial, on the following grounds: It was the duty of the police officer, when apprised of the whereabouts of the alleged owner of the property, to go to that place with the defendants as they asked him to do, and ascertain whether the story was “true or a fabrication. The place to which he was asked to go was nearby and the man’s name was stated. The police officer nevertheless assumed that the story was untrue, an assumption that was unwarranted. In the circumstances the judgment of conviction was improper. Seudder, J., concurs with Kapper, J.

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Bluebook (online)

238 A.D. 792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-novie-nyappdiv-1933.