People ex rel. Lupo v. Fay
| Citation | 248 N.Y.S.2d 57,13 N.Y.2d 1178 |
| Parties | , 197 N.E.2d 543 The PEOPLE, etc., ex rel. William LUPO, Appellant, v. Edward M. FAY, as Warden of Green Haven Prison, Stormville, New York, Respondent. |
| Decision Date | 23 January 1964 |
| Court | New York Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department.
The relator brought habeas corpus proceeding against the Warden of Green Haven Prison, Stormville, New York.
The Supreme Court, Special Term, Dutchess County, Leonard J. Supple, J., entered an order dismissing the writ, and the relator appealed.
The Appellate Division affirmed the order, and the relator appealed to the Court of Appeals on constitutional grounds.
The Court of Appeals, Desmond, C. J., 13 N.Y.2d 253, 246 N.Y.S.2d 399, 196 N.E.2d 56, affirmed the order, and held that the absence of the relator from his grand larceny trial during his counsel's argument of motion for mistrial on ground that requiring further deliberation by the jury would amount to coercing verdict did not affect any substantial right of his and did not invalidate subsequent judgment of conviction.
Motion was made in the Court of Appeals to amend the remittitur.
Motion to amend the remittitur granted. Return of the remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: Appellant contended that his absence from the courtroom during the argument of a motion respecting whether the jury should continue its deliberation or be discharged violated his rights under the Fourteenth Amendment. The Court of Appeals held that appellant's constitutional rights had not been violated.
To continue reading
Request your trial
-
People v. Ferguson
... ... 20), his presence is not constitutionally required while counsel and the court discuss the advisability of declaring a mistrial (see People ex rel. Lupo v. Fay, 13 N.Y.2d 253, 246 N.Y.S.2d 399, 196 N.E.2d 56, mod. 13 N.Y.2d 1178, 248 N.Y.S.2d 57, 197 N.E.2d 543, cert. denied 376 U.S. 958, 84 ... ...
-
People v. Sterling
... ... Mullen, 44 N.Y.2d 1, 4-5, 403 N.Y.S.2d 470, 374 N.E.2d 369; People ex rel. Lupo v. Fay, 13 N.Y.2d 253, 256-257, 246 N.Y.S.2d 399, 196 N.E.2d 56, mot. to amend remittitur granted 13 N.Y.2d 1178, 248 N.Y.S.2d 57, 197 N.E.2d ... ...
-
People v. Turaine
... ... Anderson, 16 N.Y.2d 282, 288, 266 N.Y.S.2d 110, 213 N.E.2d 445; and see, People ex rel. Lupo v. Fay, 13 N.Y.2d 253, 257, 246 N.Y.S.2d 399, 196 N.E.2d 56, remittitur amended 13 N.Y.2d 1178, 248 N.Y.S.2d 57, 197 N.E.2d 543, cert. denied ... ...
-
People v. Kidd
... ... Thus, there was no violation of the statutory requirements of CPL 310.40(1) (see, People ex rel. Lupo v. Fay, 13 N.Y.2d 253, 257, 246 N.Y.S.2d 399, 196 N.E.2d 56, remittitur amended 13 N.Y.2d 1178, 248 N.Y.S.2d 57, 197 N.E.2d 543, cert. denied ... ...