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People v. Elliott

Appellate Division of the Supreme Court of New York, Second Department
Mar 28, 1960
10 A.D.2d 735 (N.Y. App. Div. 1960)

Opinion

March 28, 1960


Appeal from a judgment of the County Court, Kings County, sentencing appellant, after he had been found guilty, by a jury, of grand larceny in the first degree, to serve from 7 1/2 to 10 years, as a second felony offender. Judgment reversed upon the law and a new trial ordered. The failure of the trial court to charge the provisions of section 393 of the Code of Criminal Procedure, followed by the court's refusal to recall the jury, while the jury was deliberating on the case, so as to give them this instruction, constituted reversible error. The request so to charge, having been made before the jury rendered their verdict, was timely (Code Crim. Pro., § 420-a). Nolan, P.J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.


Summaries of

People v. Elliott

Appellate Division of the Supreme Court of New York, Second Department
Mar 28, 1960
10 A.D.2d 735 (N.Y. App. Div. 1960)
Case details for

People v. Elliott

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLIFTON ELLIOTT…

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

Date published: Mar 28, 1960

Citations

10 A.D.2d 735 (N.Y. App. Div. 1960)

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CPL 470.05 (2) provides in relevant part that: "For purposes of appeal, a question of law with respect to a…

People v. Smith

Judgment reversed upon the law and a new trial ordered. (See People v. Elliott, 10 A.D.2d 735. ) Nolan, P.J.,…