People v. Versage

New York County Courts

People v. Versage

53 Misc. 528, 105 N.Y.S. 299

DecidedMarch 15, 1907

StatusPublished

This text of 53 Misc. 528 (People v. Versage) is published on Counsel Stack Legal Research, covering New York County Courts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Versage, 53 Misc. 528, 105 N.Y.S. 299 (N.Y. Super. Ct. 1907).

Pincite

Opinion

Knox, J.

The defendant was convicted in police court of Penn Yan, July 22, 1905, for intoxication in a public place. The affidavit upon which the defendant sought to set out the ground of his appeal was verified July 25, 1905.

It appears to have been filed in the Yates county clerk’s office September 22, 1905. Ho return is on file and the affidavit has not been delivered to the magistrate so that a return could be made.

Clearly the defendant has lost all rights he may have had to have his case reviewed, and the court has no power to relieve him. Sections 752, 755, 759 and others following of the Code of Criminal Procedure.

Order for dismissal of the appeal and for carrying the judgment into effect may be presented.

Appeal dismissed.

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