People v. Whisby

Appellate Division of the Supreme Court of New York

People v. Whisby

60 A.D.2d 920, 402 N.Y.S.2d 787, 1978 N.Y. App. Div. LEXIS 9977

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

DecidedJanuary 30, 1978

StatusPublished

This text of 60 A.D.2d 920 (People v. Whisby) 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. Whisby, 60 A.D.2d 920, 402 N.Y.S.2d 787, 1978 N.Y. App. Div. LEXIS 9977 (N.Y. Ct. App. 1978).

Pincite

Opinion

Appeals by defendants from two judgments (one as to each of them) of the County Court, Westchester County, both rendered May 8, 1975, convicting them of robbery in the second degree, grand larceny in the third degree and menacing, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial of defendants’ motion to suppress identification evidence. By order dated December 27, 1976 this court remitted the case to the County Court to hear and report on the issue of defendants’ claim that they were denied their right to a speedy trial and directed that the appeal be held in abeyance in the interim (People v Whisby, 55 AD2d 687). The County Court has complied and rendered a decision in accordance therewith. Judgments affirmed. We have considered defendants’ contentions and find them to be lacking in merit. Hopkins, J. P., Martuscello, Damiani and Cohalan, JJ., concur; Shapiro, J., dissents and votes to reverse the judgments and dismiss the indictments, with the following memorandum: I would reverse and dismiss the indictments for the reasons set forth in my dissenting memorandum when this case was remitted to the County Court for a hearing.

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

Appeals by defendants from two judgments (one as to each of them) of the County Court, Westchester County, both rendered May 8, 1975, convicting them of robbery in the second degree, grand larceny in the third degree and menacing, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial of defendants’ motion to suppress identification evidence. By order dated December 27, 1976 this court remitted the case to the County Court to hear and report on the issue of defendants’ claim that they were denied their right to a speedy trial and directed that the appeal be held in abeyance in the interim (People v Whisby, 55 AD2d 687). The County Court has complied and rendered a decision in accordance therewith. Judgments affirmed. We have considered defendants’ contentions and find them to be lacking in merit. Hopkins, J. P., Martuscello, Damiani and Cohalan, JJ., concur; Shapiro, J., dissents and votes to reverse the judgments and dismiss the indictments, with the following memorandum: I would reverse and dismiss the indictments for the reasons set forth in my dissenting memorandum when this case was remitted to the County Court for a hearing.

Cite This Page — Counsel Stack

Bluebook (online)

60 A.D.2d 920, 402 N.Y.S.2d 787, 1978 N.Y. App. Div. LEXIS 9977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-whisby-nyappdiv-1978.