People v. Spitaleri

Appellate Division of the Supreme Court of New York

People v. Spitaleri

11 A.D.2d 785, 205 N.Y.S.2d 175, 1960 N.Y. App. Div. LEXIS 8719

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

DecidedJuly 5, 1960

StatusPublished

This text of 11 A.D.2d 785 (People v. Spitaleri) 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. Spitaleri, 11 A.D.2d 785, 205 N.Y.S.2d 175, 1960 N.Y. App. Div. LEXIS 8719 (N.Y. Ct. App. 1960).

Pincite

Opinion

Appeal by the defendant from a judgment of the County Court, Queens County, rendered May 16, 1958, convicting him of violating subdivision 2 of section 1751 of the Penal Law, and sentencing him to serve from 5 to 10 years. Judgment affirmed. No opinion. Nolan, P. J., Beldock and Ughetta, JJ., concur; Kleinfeld and Pette, JJ., dissent and vote to reverse the judgment and to order a new trial, with the following memorandum: In our opinion, it was error, warranting reversal and a new trial, to admit over defendant’s objections, as part of the People’s direct case, evidence that defendant had pleaded guilty to an attempt to commit the crime charged, and, with the court’s consent, had withdrawn such guilty plea and substituted a plea of not guilty (Kercheval v. United States, 274 U. S. 220; cf. People v. Steinmetz, 209 App. Div. 83, affd. 240 N. Y. 411; People v. Ariano, 264 App. Div. 426, 428).

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by the defendant from a judgment of the County Court, Queens County, rendered May 16, 1958, convicting him of violating subdivision 2 of section 1751 of the Penal Law, and sentencing him to serve from 5 to 10 years. Judgment affirmed. No opinion. Nolan, P. J., Beldock and Ughetta, JJ., concur; Kleinfeld and Pette, JJ., dissent and vote to reverse the judgment and to order a new trial, with the following memorandum: In our opinion, it was error, warranting reversal and a new trial, to admit over defendant’s objections, as part of the People’s direct case, evidence that defendant had pleaded guilty to an attempt to commit the crime charged, and, with the court’s consent, had withdrawn such guilty plea and substituted a plea of not guilty (Kercheval v. United States, 274 U. S. 220; cf. People v. Steinmetz, 209 App. Div. 83, affd. 240 N. Y. 411; People v. Ariano, 264 App. Div. 426, 428).

Cite This Page — Counsel Stack

Bluebook (online)

11 A.D.2d 785, 205 N.Y.S.2d 175, 1960 N.Y. App. Div. LEXIS 8719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-spitaleri-nyappdiv-1960.

Opinion

Related

Cite This Page — Counsel Stack