People v. Zalikowski

Appellate Division of the Supreme Court of New York

People v. Zalikowski

38 A.D.2d 790, 328 N.Y.S.2d 164, 1972 N.Y. App. Div. LEXIS 5587

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

DecidedJanuary 20, 1972

StatusPublished

This text of 38 A.D.2d 790 (People v. Zalikowski) 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. Zalikowski, 38 A.D.2d 790, 328 N.Y.S.2d 164, 1972 N.Y. App. Div. LEXIS 5587 (N.Y. Ct. App. 1972).

Pincite

Opinion

Motion for reversal of the judgment of conviction and for a new trial granted, judgment of conviction for the crimes of burglary in the third degree and petit larceny unanimously reversed on the law and facts and in the interest of justice, and new trial granted. Memorandum: Appellant and two codefendants were convicted following a joint trial of the crimes of burglary in the third degree and petit larceny. Thereafter, orders of this court affirming the judgments of conviction of the two codefendants were reversed by the Court of Appeals and a new trial ordered (People v. Kopec, 29 N Y 2d 798). In her affidavit submitted on this motion the Assistant District Attorney in charge of the appeal asserts that the orders of the Court of Appeals on the appeals of the codefendants are authority for this court to reverse the judgment of conviction entered against the appellant and to grant a new trial. The allegations of appellant that his appeal presents identical questions of law and fact with those determined on his codefendants’ appeals, supported by the affidavit of the District Attorney’s representative, entitle him to a new trial. Concur —Del Vecchio, J. P., Marsh, Gabrielli, Cardamone and Henry, JJ.

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Motion for reversal of the judgment of conviction and for a new trial granted, judgment of conviction for the crimes of burglary in the third degree and petit larceny unanimously reversed on the law and facts and in the interest of justice, and new trial granted. Memorandum: Appellant and two codefendants were convicted following a joint trial of the crimes of burglary in the third degree and petit larceny. Thereafter, orders of this court affirming the judgments of conviction of the two codefendants were reversed by the Court of Appeals and a new trial ordered (People v. Kopec, 29 N Y 2d 798). In her affidavit submitted on this motion the Assistant District Attorney in charge of the appeal asserts that the orders of the Court of Appeals on the appeals of the codefendants are authority for this court to reverse the judgment of conviction entered against the appellant and to grant a new trial. The allegations of appellant that his appeal presents identical questions of law and fact with those determined on his codefendants’ appeals, supported by the affidavit of the District Attorney’s representative, entitle him to a new trial. Concur —Del Vecchio, J. P., Marsh, Gabrielli, Cardamone and Henry, JJ.

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Bluebook (online)

38 A.D.2d 790, 328 N.Y.S.2d 164, 1972 N.Y. App. Div. LEXIS 5587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-zalikowski-nyappdiv-1972.