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Matter of Peabody v. Francke

Appellate Division of the Supreme Court of New York, Second Department
Nov 18, 1957
4 A.D.2d 962 (N.Y. App. Div. 1957)

Summary

In Peabody (supra) the Appellate Division stated: "[t]he return was filed in accordance with the mandate of the statute * * * No right to have it expunged exists unless such right is conferred by statute".

Summary of this case from Statman v. Kelly

Opinion

November 18, 1957

Present — Wenzel, Acting P.J., Beldock, Murphy, Ughetta and Kleinfeld, JJ.


Appeal from a resettled order denying an application to direct the County Clerk, Nassau County, to expunge from the record the return filed by a Police Justice sitting as a Court of Special Sessions, certifying to the conviction of appellant on a charge of disorderly conduct. Appellant was convicted by the Police Justice sitting as a Court of Special Sessions and on appeal this conviction was reversed and a new trial ordered in the County Court, Nassau County. A second trial was never held, and the proceedings were dismissed. Order unanimously affirmed, without costs. The return was filed in accordance with the mandate of the statute (Code Crim. Pro., § 756). No right to have it expunged exists unless such right is conferred by statute ( Matter of Molineux v. Collins, 177 N.Y. 395; Matter of Dorgan v. Mercer, 178 Misc. 368; cf. Matter of Troilo v. Valentine, 179 Misc. 954).


Summaries of

Matter of Peabody v. Francke

Appellate Division of the Supreme Court of New York, Second Department
Nov 18, 1957
4 A.D.2d 962 (N.Y. App. Div. 1957)

In Peabody (supra) the Appellate Division stated: "[t]he return was filed in accordance with the mandate of the statute * * * No right to have it expunged exists unless such right is conferred by statute".

Summary of this case from Statman v. Kelly

In Peabody (supra) the Appellate Division stated: "[t]he return was filed in accordance with the mandate of the statute * * * No right to have it expunged exists unless such right is conferred by statute".

Summary of this case from Statman v. Kelly
Case details for

Matter of Peabody v. Francke

Case Details

Full title:In the Matter of CAROLINE V. PEABODY, Appellant, against ERNEST F…

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

Date published: Nov 18, 1957

Citations

4 A.D.2d 962 (N.Y. App. Div. 1957)

Citing Cases

Statman v. Kelly

To allow the precedent would constitute a gross disregard of orderly procedures in legally constituted forums…

Statman v. Kelly

To allow the precedent would constitute a gross disregard of orderly procedures in legally constituted forums…