In re Cross
| Decision Date | 24 October 1949 |
| Citation | 87 N.E.2d 68,299 N.Y. 680 |
| Parties | Application of Rosemary CROSS. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from Supreme Court, Appellate Division, Second Department, 275 App.Div. 719, 87 N.Y.S.2d 338.
Proceeding in the matter of the application of Rosemary Cross for a certificate pursuant to Section 57 of the Code of Criminal Procedure that it was reasonable that crime charged should be prosecuted by indictment.
From an order denying the application, Rosemary Cross, opposed by Ilse Kiliani, appealed. The appeal was dismissed by the Appellate Division, 275 App.Div. 719, 87 N.Y.S2d 338, on the ground that the order was not appealable, and Rosemary Cross appeals.Motion to dismiss appeal taken as of right granted and appeal dismissed with costs and $10 costs of motion. Motion for an order amending the notice of appeal denied.
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People v. Charles F.
...of discretion normally not subject to appellate review. (Matter of Cross [Kiliani], 275 App.Div. 719, 87 N.Y.S.2d 338 app. dsmd. 299 N.Y. 680, 87 N.E.2d 68, cert. den. 338 U.S. 859, 70 S.Ct. 101, 94 L.Ed. 526.)5 We do not now pass on whether other legislative schemes to provide for the mand......
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People v. Brownstein
...not affect the nonappealability of the order. See Matter of Cross (Kiliani), 275 App.Div. 719, 87 N.Y.S.2d 338, appeal dismissed 299 N.Y. 680, 87 N.E.2d 68, certiorari denied Cross v. Kiliani, 338 U.S. 859, 70 S.Ct. 101, 94 L.Ed. 526, which dealt with an appeal from a denial of a motion pur......