People v. Tripodi

Appellate Division of the Supreme Court of New York

People v. Tripodi

262 A.D. 939, 29 N.Y.S.2d 384, 1941 N.Y. App. Div. LEXIS 6534

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

DecidedJuly 2, 1941

StatusPublished

This text of 262 A.D. 939 (People v. Tripodi) 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. Tripodi, 262 A.D. 939, 29 N.Y.S.2d 384, 1941 N.Y. App. Div. LEXIS 6534 (N.Y. Ct. App. 1941).

Pincite

Opinion

Order reversed on the law and matter remitted to Trial Term for imposition of sentence. Memorandum: The disposition below is regarded as being an order made on a motion in arrest of judgment. There was no fatal defect in the indictment and such order in arrest of judgment should not have been granted. The order should be set aside, the verdict of the jury reinstated, and the prisoner remanded to the court below for judgment on the verdict. All concur, except McCurn, J., who dissents and votes for dismissal of the appeal on the ground that' the order appealed from is not appealable. (The order sets aside the verdict of a jury convicting defendant of the crime of bookmaking and grants a new trial with the right to the People to amend the indictment to con[940]*940form to the facts.) Present — Crosby, P. J., Taylor, Dowling, Harris and MeCurn, JJ.

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Order reversed on the law and matter remitted to Trial Term for imposition of sentence. Memorandum: The disposition below is regarded as being an order made on a motion in arrest of judgment. There was no fatal defect in the indictment and such order in arrest of judgment should not have been granted. The order should be set aside, the verdict of the jury reinstated, and the prisoner remanded to the court below for judgment on the verdict. All concur, except McCurn, J., who dissents and votes for dismissal of the appeal on the ground that' the order appealed from is not appealable. (The order sets aside the verdict of a jury convicting defendant of the crime of bookmaking and grants a new trial with the right to the People to amend the indictment to con[940]*940form to the facts.) Present — Crosby, P. J., Taylor, Dowling, Harris and MeCurn, JJ.

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Bluebook (online)

262 A.D. 939, 29 N.Y.S.2d 384, 1941 N.Y. App. Div. LEXIS 6534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tripodi-nyappdiv-1941.