People v. Serra

Appellate Division of the Supreme Court of New York

People v. Serra

6 A.D.2d 689, 178 N.Y.S.2d 597, 1958 N.Y. App. Div. LEXIS 5704

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

DecidedMay 28, 1958

StatusPublished

This text of 6 A.D.2d 689 (People v. Serra) 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. Serra, 6 A.D.2d 689, 178 N.Y.S.2d 597, 1958 N.Y. App. Div. LEXIS 5704 (N.Y. Ct. App. 1958).

Pincite

Opinion

In view of the seriousness of the criminal charge against defendant and the imminence of the trial, the technical defects have been disregarded and the application considered on the merits. The motion for a stay is granted upon condition that appellant perfects his appeal for argument or submission on June 10, 1958, by filing the original record and six typewritten copies of the appellant’s points with proof of service of one copy thereof upon the district attorney, Bronx County, on or before June 2, 1958, with notice of argument for June 10, 1958. In the event movant complies with this condition, the district attorney is to file six typewritten copies of respondent’s points on or before June 9, 1958, with proof of service of one copy thereof upon the attorneys for the appellant. The request to dismiss the appeal contained in the opposing affidavit submitted by the district attorney is denied, without prejudice to a renewal either by formal motion or upon the argument of the appeal. Concur—Botein, P. J., Breitel, Rabin, Frank and McNally, JJ.

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In view of the seriousness of the criminal charge against defendant and the imminence of the trial, the technical defects have been disregarded and the application considered on the merits. The motion for a stay is granted upon condition that appellant perfects his appeal for argument or submission on June 10, 1958, by filing the original record and six typewritten copies of the appellant’s points with proof of service of one copy thereof upon the district attorney, Bronx County, on or before June 2, 1958, with notice of argument for June 10, 1958. In the event movant complies with this condition, the district attorney is to file six typewritten copies of respondent’s points on or before June 9, 1958, with proof of service of one copy thereof upon the attorneys for the appellant. The request to dismiss the appeal contained in the opposing affidavit submitted by the district attorney is denied, without prejudice to a renewal either by formal motion or upon the argument of the appeal. Concur—Botein, P. J., Breitel, Rabin, Frank and McNally, JJ.

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Bluebook (online)

6 A.D.2d 689, 178 N.Y.S.2d 597, 1958 N.Y. App. Div. LEXIS 5704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-serra-nyappdiv-1958.