People v. Walker

Appellate Division of the Supreme Court of New York

People v. Walker

27 A.D.2d 755, 277 N.Y.S.2d 433, 1967 N.Y. App. Div. LEXIS 4762

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

DecidedFebruary 27, 1967

StatusPublished

This text of 27 A.D.2d 755 (People v. Walker) 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. Walker, 27 A.D.2d 755, 277 N.Y.S.2d 433, 1967 N.Y. App. Div. LEXIS 4762 (N.Y. Ct. App. 1967).

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Opinion

Appeal by defendant from an order of the County Court, Suffolk County, dated October 8, 1965, which denied, without a hearing, an application to set aside the decision of the trial court on a Huntley hearing and to reopen the same for the purpose of obtaining the testimony of the complainant. Appeal dismissed. Such an order is not separately appealable (see Code Crim. Pro., § 517; People v. Farina, 2 A D 2d 776, affd. 2 N Y 2d 454; People v. Giordano, 9 A D 2d 780). We have, nevertheless, examined the merits and, if we were not dismissing the appeal, we would affirm the order. [For prior related proceedings, see People v. Walker, 22 A D 2d 927; 24 A D 2d 1079; People v. Smith, 22 A D 927; 23 A D 2d 693,] Christ, Acting P. J., Brennan, Hopkins, Benjamin and Munder, JJ., concur.

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Appeal by defendant from an order of the County Court, Suffolk County, dated October 8, 1965, which denied, without a hearing, an application to set aside the decision of the trial court on a Huntley hearing and to reopen the same for the purpose of obtaining the testimony of the complainant. Appeal dismissed. Such an order is not separately appealable (see Code Crim. Pro., § 517; People v. Farina, 2 A D 2d 776, affd. 2 N Y 2d 454; People v. Giordano, 9 A D 2d 780). We have, nevertheless, examined the merits and, if we were not dismissing the appeal, we would affirm the order. [For prior related proceedings, see People v. Walker, 22 A D 2d 927; 24 A D 2d 1079; People v. Smith, 22 A D 927; 23 A D 2d 693,] Christ, Acting P. J., Brennan, Hopkins, Benjamin and Munder, JJ., concur.

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Bluebook (online)

27 A.D.2d 755, 277 N.Y.S.2d 433, 1967 N.Y. App. Div. LEXIS 4762, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-walker-nyappdiv-1967.