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People v. Greenfield

Appellate Division of the Supreme Court of New York, Second Department
May 31, 1949
275 App. Div. 862 (N.Y. App. Div. 1949)

Opinion

May 31, 1949.

Appeal from Court of Special Sessions of the City of New York.


The motion was made subsequent to the affirmance by this court of the judgment of conviction of violation of section 973 of the Penal Law (keeping a gaming and betting establishment). ( 273 App. Div. 102 3.) Order affirmed. In our opinion the order is appealable under the express provisions of section 517 of the Code of Criminal Procedure, as amended by chapter 706 of the Laws of 1947. On the merits, however, the motion was properly denied as defendant failed to establish grounds for a new trial within the requirements of subdivision 7 of section 465 of the Code of Criminal Procedure. ( People v. Priori, 164 N.Y. 459, 472.) Nolan, P.J., Carswell, Wenzel and MacCrate, JJ., concur; Johnston, J., dissents and votes to dismiss the appeal on the ground that the order is not appealable.


Summaries of

People v. Greenfield

Appellate Division of the Supreme Court of New York, Second Department
May 31, 1949
275 App. Div. 862 (N.Y. App. Div. 1949)
Case details for

People v. Greenfield

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ETTA GREENFIELD…

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

Date published: May 31, 1949

Citations

275 App. Div. 862 (N.Y. App. Div. 1949)