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People v. Juhl

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 29, 1972
38 A.D.2d 889 (N.Y. App. Div. 1972)

Opinion

February 29, 1972


Motion granted, judgment vacated and new trial granted. Memorandum: Since no appeal was taken by the District Attorney from the order granting defendant's application to be resentenced, we are not empowered to review the propriety of that order, and as a consequence, we are now constrained to grant defendant's motion. The destruction of the trial transcript and stenographic notes forecloses the defendant from having an appellate review of any of the evidence and rulings of the trial court. ( People v. Jackson, 36 A.D.2d 1008; People v. Schwach, 16 A.D.2d 879; People v. Lomoso, 284 App. Div. 670. )


Summaries of

People v. Juhl

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 29, 1972
38 A.D.2d 889 (N.Y. App. Div. 1972)
Case details for

People v. Juhl

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. A. CARL JUHL, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 29, 1972

Citations

38 A.D.2d 889 (N.Y. App. Div. 1972)

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