People v. Hattemer
| Decision Date | 24 October 1957 |
| Docket Number | Nos. 7256,7258,s. 7256 |
| Citation | 146 N.E.2d 190,3 N.Y.2d 939,168 N.Y.S.2d 9 |
| Parties | , 146 N.E.2d 190 PEOPLE, Appellant, v. Philipp A. HATTEMER, Respondent. PEOPLE, Appellant, v. J. Milford KIRKUP, Jr., Respondent, Albert Freistadt et al., Defendants (Indictments). |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 4 A.D.2d 674, 164 N.Y.S.2d 188.
Defendant was charged by indictment with violation of Section 1841 of the Penal Law, Consol.Laws, c. 40, making it a misdemeanor for a public officer wilfully to neglect to perform a duty enjoined by law. The defendant made a motion to dismiss the indictment on inspection of the minutes of the Grand Jury of the Extraordinary Trial on Special Term of the Supreme Court of Suffolk County.
The Appellate Division granted the motion, dismissed the indictment, exonerated the bail, and held that in view of the fact that there was no proof to show that defendant wilfully neglected to perform a duty enjoined by law, testimony before the Grand Jury was insufficient to support the indictment.
The People of the State of New York appealed to the Court of Appeals, and the defendant made a motion to dismiss the appeal, and motion was made for enlargement of time.
Motion to dismiss appeal (People v. Hattemer) denied.
Motion for enlargement of time (People v. Hattemer) granted and the case set down for argument during the November, 1957, session of this Court.
Motion to dismiss appeal (People v. Kirkup) denied.
Motion for enlargement of time (People v. Kirkup) granted and case set down for argument during the November, 1957, session of this Court.
To continue reading
Request your trial
-
People v. Rosenberg
...of an indictment by the Supreme Court (see People v. Di Falco, 44 N.Y.2d 482, 406 N.Y.S.2d 279, 377 N.E.2d 732; People v. Hattemer, 3 N.Y.2d 939, 168 N.Y.S.2d 9, 146 N.E.2d 190). It had been suggested that no appeal lies from an order granting a motion to dismiss brought in the Appellate Di......
-
People v. Di Falco
...the People to the Court of Appeals upon permission from a Judge of this court or of the Appellate Division (see People v. Hattemer, 3 N.Y.2d 939, 168 N.Y.S.2d 9, 146 N.E.2d 190; People v. Rinaldi, 34 N.Y.2d 843, 359 N.Y.S.2d 64, 316 N.E.2d ...
-
People v. Hattemer, 7256
...appealed to the Court of Appeals, and motions were made to dismiss the appeals and for enlargenment of time. The Court of Appeals, 3 N.Y.2d 939, 168 N.Y.S.2d 9, denied motions to dismiss the appeals and granted motions for enlargement of The Court of Appeals, 3 N.Y.2d 985, 169 N.Y.S.2d 746,......
-
People v. Hattemer
...and motions were made to dismiss certain of the appeals, and motions were made for enlargement of time. The Court of Appeals, 3 N.Y.2d 939, 168 N.Y.S.2d 9, denied motions to dismiss appeals and granted motions for enlargement of Motions were made in the Court of Appeals for enlargement of t......