People v. Phelan

Appellate Division of the Supreme Court of New York

People v. Phelan

218 A.D. 849

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

DecidedDecember 15, 1926

DocketAppeal No. 1

StatusPublished

This text of 218 A.D. 849 (People v. Phelan) 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. Phelan, 218 A.D. 849 (N.Y. Ct. App. 1926).

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Opinion

— Judgment of the County Court of Nassau county, convicting defendant of the crime of grand larceny in the first degree, reversed upon the law, and defendant remanded to the custody of the sheriff of Nassau county, to be dealt with in accordance with the judgment convicting him of the crime of grand larceny in the first degree on March 22, 1926. In our opinion the County Court had no power to set aside that judgment of conviction and the same is now in full force and effect. Kelly, P. J., Jaycox, Maiming, Young and Lazansky, JJ., concur.

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— Judgment of the County Court of Nassau county, convicting defendant of the crime of grand larceny in the first degree, reversed upon the law, and defendant remanded to the custody of the sheriff of Nassau county, to be dealt with in accordance with the judgment convicting him of the crime of grand larceny in the first degree on March 22, 1926. In our opinion the County Court had no power to set aside that judgment of conviction and the same is now in full force and effect. Kelly, P. J., Jaycox, Maiming, Young and Lazansky, JJ., concur.

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Bluebook (online)

218 A.D. 849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-phelan-nyappdiv-1926.