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People v. Nelson

Court of Appeals of the State of New York
Nov 24, 1981
55 N.Y.2d 743 (N.Y. 1981)

Summary

holding that where criminal defendant made leave applications both to the Court of Appeals and later to a justice of the Appellate Division, the latter application could not be considered

Summary of this case from Fabricio v. Artus

Opinion

Decided November 24, 1981


Appeal dismissed by the Court of Appeals sua sponte. Inasmuch as the certificate granting permission to appeal was issued by an Appellate Division Justice pursuant to an application under CPL 460.20 (subd 2, par [a], cl [ii]) during the pendency of a prior application filed in this court pursuant to CPL 460.20 (subd 2, par [a], cl[ii]), which application has not yet been determined, there was no jurisdiction in the Justice of the Appellate Division to entertain the CPL 460.20 application (see People v McCarthy, 250 N.Y. 358). In view of this sua sponte disposition, the court disregards defendant's request to withdraw his initial CPL 460.20 application. Said request is marked "withdrawn".


Summaries of

People v. Nelson

Court of Appeals of the State of New York
Nov 24, 1981
55 N.Y.2d 743 (N.Y. 1981)

holding that where criminal defendant made leave applications both to the Court of Appeals and later to a justice of the Appellate Division, the latter application could not be considered

Summary of this case from Fabricio v. Artus
Case details for

People v. Nelson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WAYNE T. NELSON…

Court:Court of Appeals of the State of New York

Date published: Nov 24, 1981

Citations

55 N.Y.2d 743 (N.Y. 1981)

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