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People v. Rivera

385 N.E.2d 1073, 45 N.Y.2d 989, 413 N.Y.S.2d 146, 1978 N.Y. LEXIS 2402
CourtNew York Court of Appeals
DecidedNovember 28, 1978
StatusPublished
Cited by33 cases

This text of 385 N.E.2d 1073 (People v. Rivera) 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. Rivera, 385 N.E.2d 1073, 45 N.Y.2d 989, 413 N.Y.S.2d 146, 1978 N.Y. LEXIS 2402 (N.Y. 1978).

Opinion

OPINION OF THE COURT

Order affirmed on the opinion by Mr. Justice Samuel J. Silverman at the Appellate Division (58 AD2d 147), except to [991]*991note that the averments in the attorney’s affidavit are more properly admissible under the rule governing "informal judicial admissions” described in section 217 of Richardson on Evidence (10th ed) rather than the rule governing "formal judicial admissions” described by Richardson in section 216 of his treatise. Informal judicial admissions, as distinguished from formal judicial admissions, are not conclusive on the defendant in the litigation.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.

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Bluebook (online)
385 N.E.2d 1073, 45 N.Y.2d 989, 413 N.Y.S.2d 146, 1978 N.Y. LEXIS 2402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rivera-ny-1978.