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People v. Phelan

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1927
221 App. Div. 758 (N.Y. App. Div. 1927)

Opinion

June, 1927.


Judgment of conviction of the County Court of Nassau county reversed upon the law, and new trial granted. We are constrained to reverse this conviction because of the refusal of the learned county judge to accord defendant, in the face of his demand therefor, the time required by the Code of Criminal Procedure, sections 311 and 357, to plead and to prepare for trial. The error is not one that may be disregarded pursuant to section 542 of the Code of Criminal Procedure. ( People v. Harper, 139 App. Div. 344.) Kelly, P.J., Manning, Kapper, Lazansky and Hagarty, JJ., concur.


Summaries of

People v. Phelan

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1927
221 App. Div. 758 (N.Y. App. Div. 1927)
Case details for

People v. Phelan

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN J. PHELAN…

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

Date published: Jun 1, 1927

Citations

221 App. Div. 758 (N.Y. App. Div. 1927)

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" Again, in People v. Phelan ( 221 App. Div. 758) the Appellate Division said: "We are constrained to reverse…