People v. Gordon

CourtNew York Court of Appeals
Writing for the CourtDefendant was convicted of robbery in the first degree, assault in the second degree, and petit larceny. The County Court of Kings County, Samuel S. Leibowitz
Citation7 N.Y.2d 942,198 N.Y.S.2d 314
Decision Date25 February 1960
Parties, 165 N.E.2d 877 PEOPLE, etc., Respondent, v. Gerald GORDON, Appellant.

Page 314

198 N.Y.S.2d 314
7 N.Y.2d 942, 165 N.E.2d 877
PEOPLE, etc., Respondent,
v.
Gerald GORDON, Appellant.
Court of Appeals of New York.
Feb. 25, 1960.

Appeal from Supreme Court, Appellate Division, Second Department, 8 A.D.2d 835, 190 N.Y.S.2d 625.

Defendant was convicted of robbery in the first degree, assault in the second degree, and petit larceny. The County Court of Kings County, Samuel S. Leibowitz, J., rendered judgment, and defendant was sentenced as a second felony offender for a term of 30 to 60 years, and he appealed.

The Appellate Division unanimously affirmed the judgment without opinion.

The defendant appealed to the Court of Appeals, contending that he was deprived of a fair trial, that charge to the jury was reversibly erroneous and inadequate, that he was improperly deprived of his right to counsel and his constitutional rights to due process were thereby infringed, and that judgment of conviction should be reversed and a new trial granted.

[7 N.Y.2d 943] Nathan Kestnbaum, New York City, for defendant-appellant.

Edward S. Silver, Brooklyn (Frank Di Lalla, Brooklyn, of counsel), for respondents.

Judgment affirmed.

All concur.

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9 practice notes
  • United States v. Murphy, No. 356
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 2 Julio 1963
    ...296 N.Y. 982, 73 N.E. 2d 563 (1947), rearg. denied, 7 N.Y.2d 941, 197 N.Y.S.2d 1029, 165 N.E.2d 585, motion to amend remittitur denied, 7 N.Y.2d 942, 197 N.Y.S.2d 1029, 165 N.E. 2d 585, cert denied, 362 U.S. 980, 80 S.Ct. 1068, 4 L.Ed.2d 1015 (1960). Seeking federal relief, he then turned t......
  • United States v. McMann, No. 65-CV-6.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Northern District of New York
    • 18 Marzo 1966
    ...was not deprived of a fair trial. The cases cited in support of the ruling are: People v. Gordon, 8 A.D.2d 835, 190 N.Y.S.2d 625; aff'd 7 N.Y.2d 942, 198 N.Y.S.2d 314, 165 N.E.2d 877; cert. den. 363 U.S. 853, 80 S.Ct. 1634, 4 L.Ed.2d 1735; People v. Bai, 7 N.Y.2d 152, 196 N.Y.S.2d 87, 164 N......
  • United States v. Murphy, Civ. A. No. 8131.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Northern District of New York
    • 1 Septiembre 1960
    ...was denied in the Court of Appeals and motion to amend remittitur denied. 7 N.Y.2d 941, 1960, 197 N.Y.S.2d 1029, 165 N.E.2d 585; 7 N.Y.2d 942. Petition for certiorari was denied. 362 U.S. 980, 80 S.Ct. 1068, 4 L.Ed.2d 1015. In the original appeal the notes of the State reporter prepared fro......
  • People v. Gordon
    • United States
    • New York Supreme Court Appellate Division
    • 7 Octubre 1963
    ...felony offender. The judgment of conviction was previously affirmed by this court (People v. Gordon, 8 A.D.2d 835, 190 N.Y.S.2d 625, affd. 7 N.Y.2d 942, 198 N.Y.S.2d 314; see also, People v. Pariser, 8 A.D.2d 825, 190 N.Y.S.2d 332, affd. 7 N.Y.2d 779, 194 N.Y.S.2d Order reversed on the law ......
  • Request a trial to view additional results
9 cases
  • United States v. Murphy, No. 356
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 2 Julio 1963
    ...296 N.Y. 982, 73 N.E. 2d 563 (1947), rearg. denied, 7 N.Y.2d 941, 197 N.Y.S.2d 1029, 165 N.E.2d 585, motion to amend remittitur denied, 7 N.Y.2d 942, 197 N.Y.S.2d 1029, 165 N.E. 2d 585, cert denied, 362 U.S. 980, 80 S.Ct. 1068, 4 L.Ed.2d 1015 (1960). Seeking federal relief, he then turned t......
  • United States v. McMann, No. 65-CV-6.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Northern District of New York
    • 18 Marzo 1966
    ...was not deprived of a fair trial. The cases cited in support of the ruling are: People v. Gordon, 8 A.D.2d 835, 190 N.Y.S.2d 625; aff'd 7 N.Y.2d 942, 198 N.Y.S.2d 314, 165 N.E.2d 877; cert. den. 363 U.S. 853, 80 S.Ct. 1634, 4 L.Ed.2d 1735; People v. Bai, 7 N.Y.2d 152, 196 N.Y.S.2d 87, 164 N......
  • United States v. Murphy, Civ. A. No. 8131.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Northern District of New York
    • 1 Septiembre 1960
    ...was denied in the Court of Appeals and motion to amend remittitur denied. 7 N.Y.2d 941, 1960, 197 N.Y.S.2d 1029, 165 N.E.2d 585; 7 N.Y.2d 942. Petition for certiorari was denied. 362 U.S. 980, 80 S.Ct. 1068, 4 L.Ed.2d 1015. In the original appeal the notes of the State reporter prepared fro......
  • People v. Gordon
    • United States
    • New York Supreme Court Appellate Division
    • 7 Octubre 1963
    ...felony offender. The judgment of conviction was previously affirmed by this court (People v. Gordon, 8 A.D.2d 835, 190 N.Y.S.2d 625, affd. 7 N.Y.2d 942, 198 N.Y.S.2d 314; see also, People v. Pariser, 8 A.D.2d 825, 190 N.Y.S.2d 332, affd. 7 N.Y.2d 779, 194 N.Y.S.2d Order reversed on the law ......
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