People v. Rauer

Appellate Division of the Supreme Court of New York

People v. Rauer

286 A.D. 826, 142 N.Y.S.2d 553, 1955 N.Y. App. Div. LEXIS 4222

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

DecidedJune 21, 1955

StatusPublished

This text of 286 A.D. 826 (People v. Rauer) 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. Rauer, 286 A.D. 826, 142 N.Y.S.2d 553, 1955 N.Y. App. Div. LEXIS 4222 (N.Y. Ct. App. 1955).

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Opinion

At the time defendants moved to set aside the information of July 2, 1952, there were not pending against defendants two informations. The predicate for a motion under section 292-a of the Code of Criminal Procedure was therefore lacking. There was no prejudice to defendants in the handling of the informations and there is no reason why it should result in their release from prosecution. Order unanimously reversed and the informations reinstated. Concur — Peck, P. J., Cohn, Breitel and Rabin, JJ. [See post, p. 964.]

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At the time defendants moved to set aside the information of July 2, 1952, there were not pending against defendants two informations. The predicate for a motion under section 292-a of the Code of Criminal Procedure was therefore lacking. There was no prejudice to defendants in the handling of the informations and there is no reason why it should result in their release from prosecution. Order unanimously reversed and the informations reinstated. Concur — Peck, P. J., Cohn, Breitel and Rabin, JJ. [See post, p. 964.]

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Bluebook (online)

286 A.D. 826, 142 N.Y.S.2d 553, 1955 N.Y. App. Div. LEXIS 4222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rauer-nyappdiv-1955.