People v. Schork

Appellate Division of the Supreme Court of New York

People v. Schork

46 A.D.2d 757, 1974 N.Y. App. Div. LEXIS 3652

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

DecidedNovember 12, 1974

StatusPublished

This text of 46 A.D.2d 757 (People v. Schork) 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. Schork, 46 A.D.2d 757, 1974 N.Y. App. Div. LEXIS 3652 (N.Y. Ct. App. 1974).

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Opinion

Motion by defendant-appellant to reverse a judgment of the Supreme Court, New York County, rendered June 25, 1970, denied without prejudice to renewal thereof on proper papers. The defendant had pleaded guilty to the crimes of assault in the third degree and possession of a weapon and sentenced to a one-year term of imprisonment on each count, which sentences were to run concurrently. The defendant is presently released on bail pending determination of the appeal. While apparently the court reporter involved cannot be located, there has been no showing that the minutes sought are unavailable or have been destroyed (cf. People v. Himmel, 10 A D 2d 622); nor has the possibility of reconstructing the necessary records been explored (cf. People v. Boulware, 29 N Y 2d 135, 140; People v. Whitfield, 35 A D 2d 918). Concur — Markewich, J, P., Murphy, Lupiano, Tilzer and Lane, JJ.

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Motion by defendant-appellant to reverse a judgment of the Supreme Court, New York County, rendered June 25, 1970, denied without prejudice to renewal thereof on proper papers. The defendant had pleaded guilty to the crimes of assault in the third degree and possession of a weapon and sentenced to a one-year term of imprisonment on each count, which sentences were to run concurrently. The defendant is presently released on bail pending determination of the appeal. While apparently the court reporter involved cannot be located, there has been no showing that the minutes sought are unavailable or have been destroyed (cf. People v. Himmel, 10 A D 2d 622); nor has the possibility of reconstructing the necessary records been explored (cf. People v. Boulware, 29 N Y 2d 135, 140; People v. Whitfield, 35 A D 2d 918). Concur — Markewich, J, P., Murphy, Lupiano, Tilzer and Lane, JJ.

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Bluebook (online)

46 A.D.2d 757, 1974 N.Y. App. Div. LEXIS 3652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-schork-nyappdiv-1974.