People v. Pascocello

New York Court of Appeals

People v. Pascocello

203 N.E.2d 924, 15 N.Y.2d 629, 255 N.Y.S.2d 673, 1964 N.Y. LEXIS 822

DecidedNovember 25, 1964

StatusPublished

This text of 203 N.E.2d 924 (People v. Pascocello) 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. Pascocello, 203 N.E.2d 924, 15 N.Y.2d 629, 255 N.Y.S.2d 673, 1964 N.Y. LEXIS 822 (N.Y. 1964).

Pincite

Opinion

Order of Appellate Term dismissing the appeal for lack of prosecution reversed and the matter remitted to that court to reinstate the appeal and to grant defendant’s motion for leave to appeal as a poor person. It was error to deny such motion where indigency was alleged and was not controverted (People v. Pitts, 6 N Y 2d 288; Griffin v. Illinois, 351 U. S. 12).

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voobhis, Burke, Scileppi and Bergan.

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Order of Appellate Term dismissing the appeal for lack of prosecution reversed and the matter remitted to that court to reinstate the appeal and to grant defendant’s motion for leave to appeal as a poor person. It was error to deny such motion where indigency was alleged and was not controverted (People v. Pitts, 6 N Y 2d 288; Griffin v. Illinois, 351 U. S. 12).

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voobhis, Burke, Scileppi and Bergan.

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Bluebook (online)

203 N.E.2d 924, 15 N.Y.2d 629, 255 N.Y.S.2d 673, 1964 N.Y. LEXIS 822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pascocello-ny-1964.

Opinion

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