People v. De Cabia
| Decision Date | 30 December 1959 |
| Citation | 7 N.Y.2d 823,164 N.E.2d 720,196 N.Y.S.2d 701 |
| Parties | , 164 N.E.2d 720 PEOPLE, Respondent, v. Carmen DE CABIA, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 8 A.D.2d 825, 190 N.Y.S.2d 142.
Defendant was charged under Section 580 of the Penal Law, Consol.Laws, c. 40, of conspiracy to bribe a public official. The County Court, Nassau County, Paul J. Widlitz, J., 10 Misc.2d 923, 172 N.Y.S.2d 1004, held that the indictment was sufficient.
The defendant was found guilty by a jury, and the County Court, Nassau County, J. Robert Johnson, C. J., entered judgment of conviction, and the defendant appealed from the judgment and from every intermediate order including an order denying his motion to set aside the verdict and for a new trial.
The Appellate Division, 8 A.D.2d 825, 190 N.Y.S.2d 142, affirmed the judgment and held that no separate appeal lay from the intermediate orders. Nolan, P. J., dissented and voted to reverse the judgment of conviction and to dismiss the indictment.
The defendant appealed to the Court of Appeals, contending that the indictment failed to set forth an overt act as required by Section 583 of the Penal Law and therefore should have been dismissed, and that there was no corroboration as a matter of law of testimony of alleged accomplices, and that defendant's privilege against self-incrimination was violated when he was called before grand jury to testify in an investigation directed against him, and that conduct of the District Attorney was prejudicial to defendant's right to a fair trial, and that errors of law were committed which prevented a fair trial.
James G. Blake, Mineola, for defendant-appellant.
Manuel W. Levine, Dist. Atty., Mineola (Henry P. DeVine, Asst. Dist. Atty., Mineola, of counsel), for respondent.
Judgment affirmed.
All concur.
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