Nolan v. Court of General Sessions of New York County

CourtNew York Court of Appeals
Writing for the CourtDESMOND
Citation11 N.Y.2d 114,181 N.E.2d 751,227 N.Y.S.2d 1
Decision Date29 March 1962
Parties, 181 N.E.2d 751 In the Matter of George NOLAN et al., Respondents, v. COURT OF GENERAL SESSIONS OF the COUNTY OF NEW YORK et al., Appellants.

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227 N.Y.S.2d 1
11 N.Y.2d 114, 181 N.E.2d 751
In the Matter of George NOLAN et al., Respondents,
v.
COURT OF GENERAL SESSIONS OF the COUNTY OF NEW YORK et al.,
Appellants.
Court of Appeals of New York.
March 29, 1962.

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[11 N.Y.2d 115] Frank S. Hogan, Dist. Atty. (Daniel J. Sullivan and H. Richard Uviller, New York City, of counsel), for appellants.

Victor J. Herwitz, New York City, for respondents.

[11 N.Y.2d 116] DESMOND, Chief Judge.

The three petitioners brought this proceeding (Civil Practice Act, art. 78) against the Judges of the Court of General Sessions and the District Attorney for an order prohibiting the retrial of an indictment. Petitioners, who are police officers, were indicted jointly in 1959 for attempted burglary and attempted grand larceny. At the trial which lasted for several weeks, one count (attempted grand larceny) was dismissed and after long deliberations the [181 N.E.2d 752] jury reported its inability to agree as to the other (attempted burglary) count. In March, 1960 the case came on again for trial. The Assistant District Attorney and counsel for defendants, with defendants present, tendered to the presiding Judge a stipulation which they had agreed upon and to which they asked the Judge to give his approval. The stipulation recited that the defendants waived trial before a jury and consented to be tried before the Judge alone, that they waived further confrontation of the witnesses against them and that they consented that all issues in the case be decided by the Judge on the record of the earlier trial, with a further agreement that all of the witnesses called at the former trial would, if called again, testify in the same manner as at the trial which had ended in a disagreement. The stipulation further expressed an agreement that the sitting Judge should determine the credibility of the witnesses from the former record, that

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a copy of the stenographic minutes of the former trial should be made available to defendants' counsel, that on a future date not less than eight weeks thence both sides should be permitted to submit briefs and oral arguments and such motions as they wished to make [11 N.Y.2d 117] and that the Judge, if he should deny all motions to dismiss the indictment, might render judgment. The whole record taken at the earlier trial except the charge to the jury was to be submitted. Petitioners agreed that they would not on any appeal question the validity of this method of trial. The Judge when presented with the stipulation was careful to see to it that each of the defendants separately stated that he understood and agreed to the arrangements. He announced that he accepted the stipulation. The People then offered the former trial record in evidence....

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64 practice notes
  • Suarez v. Byrne, No. 77.
    • United States
    • New York Court of Appeals
    • June 3, 2008
    ...Arizona v. Washington, 434 U.S. 497, 98 S.Ct. 824, 54 L.Ed.2d 717 [1978]; Matter of Nolan v. Court of Gen. Sessions of County of NY, 11 N.Y.2d 114, 119, 227 N.Y.S.2d 1, 181 N.E.2d 751 [1962]; see also Richardson v. United States, 468 U.S. 317, 326, 104 S.Ct. 3081, 82 L.Ed.2d 242 [1984] ["(J......
  • People v. Barrow
    • United States
    • United States State Supreme Court (New York)
    • April 23, 1964
    ...Matter of Nolan v. Court of General Sessions of New York County, 15 A.D.2d 78, 80, 85, 222 N.Y.S.2d 635, 637-638, 642-643, affd., 11 N.Y.2d 114, 227 N.Y.S.2d 1, 181 N.E.2d Order accordingly made herewith. --------------- 1 Permission to amend the plea so as to assert defendant's former jeop......
  • Dondi v. Jones
    • United States
    • New York Court of Appeals
    • June 3, 1976
    ...158 N.Y. 542, 547, 53 N.E. 497; Matter of Nolan v. Court of Gen. Sessions of County of N.Y., 15 A.D.2d 78, 222 N.Y.S.2d 635, affd. 11 N.Y.2d 114, 227 N.Y.S.2d 1, 181 N.E.2d 751; People ex rel. Luetje v. Ketcham, 45 Misc.2d 802, 804, 257 N.Y.S.2d 681, 683; Matter of McDonald v. Goldstein, 19......
  • Blondes v. State, No. 43
    • United States
    • Court of Appeals of Maryland
    • January 9, 1975
    ...proceedings, Application of Nolan, 15 A.D.2d 78, 222 N.Y.S.2d 635 (1961), aff'd, Nolan v. Court of General Sessions, 11 N.Y.S.2d 114, 227 N.Y.S.2d 1, 181 N.E.2d 751 (1962), or when the defendant pleads guilty to the charges and thus establishes his guilt, United States v. Barbosa, supra, 22......
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64 cases
  • Suarez v. Byrne, No. 77.
    • United States
    • New York Court of Appeals
    • June 3, 2008
    ...Arizona v. Washington, 434 U.S. 497, 98 S.Ct. 824, 54 L.Ed.2d 717 [1978]; Matter of Nolan v. Court of Gen. Sessions of County of NY, 11 N.Y.2d 114, 119, 227 N.Y.S.2d 1, 181 N.E.2d 751 [1962]; see also Richardson v. United States, 468 U.S. 317, 326, 104 S.Ct. 3081, 82 L.Ed.2d 242 [1984] ["(J......
  • People v. Barrow
    • United States
    • United States State Supreme Court (New York)
    • April 23, 1964
    ...Matter of Nolan v. Court of General Sessions of New York County, 15 A.D.2d 78, 80, 85, 222 N.Y.S.2d 635, 637-638, 642-643, affd., 11 N.Y.2d 114, 227 N.Y.S.2d 1, 181 N.E.2d Order accordingly made herewith. --------------- 1 Permission to amend the plea so as to assert defendant's former jeop......
  • Dondi v. Jones
    • United States
    • New York Court of Appeals
    • June 3, 1976
    ...158 N.Y. 542, 547, 53 N.E. 497; Matter of Nolan v. Court of Gen. Sessions of County of N.Y., 15 A.D.2d 78, 222 N.Y.S.2d 635, affd. 11 N.Y.2d 114, 227 N.Y.S.2d 1, 181 N.E.2d 751; People ex rel. Luetje v. Ketcham, 45 Misc.2d 802, 804, 257 N.Y.S.2d 681, 683; Matter of McDonald v. Goldstein, 19......
  • Blondes v. State, No. 43
    • United States
    • Court of Appeals of Maryland
    • January 9, 1975
    ...proceedings, Application of Nolan, 15 A.D.2d 78, 222 N.Y.S.2d 635 (1961), aff'd, Nolan v. Court of General Sessions, 11 N.Y.S.2d 114, 227 N.Y.S.2d 1, 181 N.E.2d 751 (1962), or when the defendant pleads guilty to the charges and thus establishes his guilt, United States v. Barbosa, supra, 22......
  • Request a trial to view additional results

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