People v. Hattemer
| Decision Date | 03 April 1958 |
| Citation | 4 N.Y.2d 835,173 N.Y.S.2d 811 |
| Parties | , 150 N.E.2d 239 PEOPLE, Appellant, v. Miriam HATTEMER, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 4 A.D.2d 775, 165 N.Y.S.2d 196.
Defendant made a motion in the Appellate Division to dismiss an indictment, which charged perjury, on inspection of minutes of the Grand Jury of the Extraordinary Trial and Special Term of the Supreme Court of Suffolk County.
The Appellate Division, 4 A.D.2d 775, 165 N.Y.S.2d 196, granted motion to dismiss indictment, dismissed indictment, exonerated bail, and held that where defendant allegedly testified in office of Commissioner of Investigation in New York County that she retained $1,000 in cash from proceeds of $2,000 settlement and deposited balance of $1,000, and in subsequent hearing in office of Commissioner of Investigation in Suffolk County defendant allegedly testified that so far as she could remember her testimony in New York County was true, but she did not testify concerning retention of $1,000, and bill of particulars showed that crux of prosecution's case was defendant's testimony concerning retention of $1,000, a finding would not be proper that defendant testified falsely, wilfully, and knowingly in Suffolk County concerning a material fact. Nolan, P. J., and Murphy, J., dissented.
The People of the State of New York appealed to the Court of Appeals, and motion was made in the Court of Appeals for enlargement of time.
The Court of Appeals, 3 N.Y.2d 985, 169 N.Y.S.2d 746, granted the motion and set the case down for argument during the January, 1958 session of the Court of Appeals, and granted motion for an order permitting the appeal to be heard without the necessity of printing the Grand Jury minutes.
Order affirmed.
All concur.
To continue reading
Request your trial
-
People v. Lombardozzi
...(People v. Samuels, 284 N.Y. 410, 415, 31 N.E.2d 753, 754; People v. Hattemer, 4 A.D.2d 775, 165 N.Y.S.2d 196, affd. 4 N.Y.2d 835, 173 N.Y.S.2d 811, 150 N.E.2d 239; see, also, Perkins, Criminal Law (1957 ed.), pp. 389--390; A.L.I. Model Penal Code T.D. No. 6 (May 6, 1957), p. 125.) Rather, ......
-
People v. Bareika
...element of the crime charged, the indictment is dismissed. People v. Hattemer, 4 A.D.2d 775(3), 165 N.Y.S.2d 196, affirmed 4 N.Y.2d 835, 173 N.Y.S.2d 811. In our former decision, supra, we mentioned People v. Willis, 158 N.Y. 392, 53 N.E. 29, as setting forth the governing rule as to conspi......
-
People v. Fleckenstein
...in the light of these authorities, does not as a matter of law (People v. Hattemer, 4 A.D.2d 775, 165 N.Y.S.2d 196, affirmed 4 N.Y.2d 835, 173 N.Y.S.2d 811) make out a larceny for a taking and carrying away of personal property of another with the specific intent of stealing it. See People ......
- People v. Cosimo