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People v. O'Toole

Appellate Division of the Supreme Court of New York, Second Department
Oct 6, 1958
6 A.D.2d 1047 (N.Y. App. Div. 1958)

Opinion

October 6, 1958

Present — Nolan, P.J., Wenzel, Murphy, Ughetta and Hallinan, JJ.


Appeals from orders of the Court of Special Sessions of the City of New York, Borough of Brooklyn, dismissing informations accusing respondents of violations of subdivision 5-a of section 70 Veh. Traf. of the Vehicle and Traffic Law. Orders unanimously affirmed. The People have saved no questions for review. The orders appealed from were made on trial at the suggestion and on the consent of the District Attorney, after a statement by counsel of the facts which the evidence would establish, to avoid determinations after the facts had been established by evidence, that the evidence was insufficient. If it be assumed that they were not in fact such determinations from which no appeal would lie (Code Crim. Pro., § 518) the People are, nevertheless, in no position to claim that any of their substantial rights have been affected by the determinations made.


Summaries of

People v. O'Toole

Appellate Division of the Supreme Court of New York, Second Department
Oct 6, 1958
6 A.D.2d 1047 (N.Y. App. Div. 1958)
Case details for

People v. O'Toole

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JOHN O'TOOLE, True Name…

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

Date published: Oct 6, 1958

Citations

6 A.D.2d 1047 (N.Y. App. Div. 1958)