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People v. Lemmons

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1946
270 App. Div. 828 (N.Y. App. Div. 1946)

Summary

In People v Lemmons (270 App Div 828), for example, the trial court dismissed one of the counts in the indictment during trial, but changed its mind and reinstated that count before the trial ended.

Summary of this case from People v. Francis

Opinion

February 25, 1946.

Appeal from County Court of Nassau County.

Present — Lewis, P.J., Hagarty, Carswell, Johnston and Nolan, JJ.


On the burglary conviction he was sentenced to not less than ten and not more than twenty years, and on the grand larceny conviction to not less than five and not more than ten years, which sentences run concurrently. Judgment unanimously affirmed. The court did not commit error in exercising its power to change its ruling on the motion to dismiss the first count in the indictment from granting the motion to denying it. This action took place in the course of the trial and before the proceedings had come to an end. It was a proper exercise of the inherent power of the court to correct any errors in its own rulings, provided such correction be made before the termination of the trial or the proceedings. It is only in the event that an indictment or a count therein, or an information is dismissed, and such a ruling persists to and beyond the end of the proceedings or trial, that a defendant may be deemed to have been placed in jeopardy in the event that he is again charged with that same offense. There is no merit in the other claims of alleged error.


Summaries of

People v. Lemmons

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1946
270 App. Div. 828 (N.Y. App. Div. 1946)

In People v Lemmons (270 App Div 828), for example, the trial court dismissed one of the counts in the indictment during trial, but changed its mind and reinstated that count before the trial ended.

Summary of this case from People v. Francis

In People v. Lemmons, 270 App.Div. 828, 60 N.Y.S.2d 178, for example, the trial court dismissed one of the counts in the indictment during trial, but changed its mind and reinstated that count before the trial ended.

Summary of this case from People v. Francis
Case details for

People v. Lemmons

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT L. LEMMONS…

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

Date published: Feb 25, 1946

Citations

270 App. Div. 828 (N.Y. App. Div. 1946)

Citing Cases

People v. Francis

Thus, a court may, in the exercise of its inherent power, rethink a ruling and change its mind, so long as at…

People v. Francis

Thus, a court may, in the exercise of its inherent power, rethink a ruling and change its mind, so long as at…