People v. Phelps

Appellate Division of the Supreme Court of New York

People v. Phelps

13 A.D.2d 675, 213 N.Y.S.2d 492, 1961 N.Y. App. Div. LEXIS 11696

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

DecidedApril 3, 1961

StatusPublished

This text of 13 A.D.2d 675 (People v. Phelps) 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. Phelps, 13 A.D.2d 675, 213 N.Y.S.2d 492, 1961 N.Y. App. Div. LEXIS 11696 (N.Y. Ct. App. 1961).

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Opinion

Appeal by defendant from a judgment of the Court of Special Sessions of the City of New York, Queens County, rendered August 17, 1960, after a nonjury trial, which: (1) adjudged him to be a youthful offender, upon a charge of violating subdivision 1 of section 580 of the Penal Law, by conspiring with others to commit the crime of assault; and (2) suspended sentence. Judgment reversed on the law and the facts, and information dismissed. In our opinion, no sufficient evidence corroborating defendant’s alleged confession was adduced, as required by section 395 of the Code of Criminal Procedure; nor was any evidence adduced of the commission of an overt act in furtherance of the alleged conspiracy, as required by section 398 of said code and section 583 of the Penal Law. Nolan, P. J,, Beldock, Ughetta, Christ and Pette, JJ., Concur.

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Appeal by defendant from a judgment of the Court of Special Sessions of the City of New York, Queens County, rendered August 17, 1960, after a nonjury trial, which: (1) adjudged him to be a youthful offender, upon a charge of violating subdivision 1 of section 580 of the Penal Law, by conspiring with others to commit the crime of assault; and (2) suspended sentence. Judgment reversed on the law and the facts, and information dismissed. In our opinion, no sufficient evidence corroborating defendant’s alleged confession was adduced, as required by section 395 of the Code of Criminal Procedure; nor was any evidence adduced of the commission of an overt act in furtherance of the alleged conspiracy, as required by section 398 of said code and section 583 of the Penal Law. Nolan, P. J,, Beldock, Ughetta, Christ and Pette, JJ., Concur.

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Bluebook (online)

13 A.D.2d 675, 213 N.Y.S.2d 492, 1961 N.Y. App. Div. LEXIS 11696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-phelps-nyappdiv-1961.