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People v. Strick

204 N.E.2d 335, 15 N.Y.2d 692, 256 N.Y.S.2d 137, 1965 N.Y. LEXIS 1691
CourtNew York Court of Appeals
DecidedJanuary 7, 1965
StatusPublished
Cited by4 cases

This text of 204 N.E.2d 335 (People v. Strick) 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. Strick, 204 N.E.2d 335, 15 N.Y.2d 692, 256 N.Y.S.2d 137, 1965 N.Y. LEXIS 1691 (N.Y. 1965).

Opinion

*694 Judgment affirmed in a memorandum. Since defendant was on trial for a misdemeanor, his absence from the courtroom could not have been in and of itself basis for declaring a mistrial (Code Crim. Pro., § 356) but, under the peculiar circumstances of this case, in which identification of defendant was critical and his absence from the courtroom may well have been contrived for purposes of appeal, the Trial Judge was privileged, in the exercise of sound discretion, to grant a mistrial over the objection of defense counsel.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorbis, Burke, Scileppi and Bergan.

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96 A.D.2d 950 (Appellate Division of the Supreme Court of New York, 1983)
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82 A.D.2d 892 (Appellate Division of the Supreme Court of New York, 1981)
Texidor v. Barlow
71 A.D.2d 613 (Appellate Division of the Supreme Court of New York, 1979)
People v. Mallette
59 A.D.2d 199 (Appellate Division of the Supreme Court of New York, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
204 N.E.2d 335, 15 N.Y.2d 692, 256 N.Y.S.2d 137, 1965 N.Y. LEXIS 1691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-strick-ny-1965.