People v. Hattemer, 7256

• Decision Date: 05 December 1957
• Docket Number: No. 7256,No. 7258,7256,7258
• Citation: 170 N.Y.S.2d 346,3 N.Y.2d 1013
• Parties: , 147 N.E.2d 736 PEOPLE, Appellant, v. Philipp A. HATTEMER, Respondent. PEOPLE, Appellant, v. J. Milford KIRKUP, Jr., Respondent, et al., Defendants. Indictment, and IndictmentCourt of Appeals of New York
• Court: New York Court of Appeals Court of Appeals

Page 346

170 N.Y.S.2d 346

3 N.Y.2d 1013, 147 N.E.2d 736

PEOPLE, Appellant, v. Philipp A. HATTEMER, Respondent.

PEOPLE, Appellant, v. J. Milford KIRKUP, Jr., Respondent, et al., Defendants.

Indictment No. 7256, and Indictment No. 7258. Court of Appeals of New York.

Dec. 5, 1957.

Appeal from Supreme Court, Appellate Division, Second Department, People v. Freistadt, 3 A.D.2d 937, 163 N.Y.S.2d 772; 4 A.D.2d 674, 164 N.Y.S.2d 188.

The Appellate Division dismissed the indictments, and the People of the State of New York 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 time.

The Court of Appeals, 3 N.Y.2d 985, 169 N.Y.S.2d 746, granted motions for enlargement of time, set cases down for argument during the January, 1958 session of the Court of Appeals, and granted motions for orders permitting appeals to be heard without necessity of printing grand jury minutes.

Motions were made in the Court of Appeals to dismiss the appeals.

Edward F. Rigney, Riverhead (Edwyn Silberling, of counsel), for appellant.

Samuel I. Sloane, Patchogue, for defendant-respondent Hattemer.

Griffing, Smith, Tasker & Lundberg, Greenport (Henry Tasker, Greenport, Reginald C. Smith, Riverhead, and Robert W. Tasker, Greenport, on the brief), for respondent Kirkup.

Motion to dismiss appeal (People v. Hattemer) denied. See, Gasquet v. Lapeyre, 242 U.S. 367, 369, 37 S.Ct. 165, 61 L.Ed. 367; Plymouth Coal Co. v. Pennsylvania, 232 U.S. 531, 546, 34 S.Ct. 359, 58 L.Ed. 713.

Motion to dismiss appeal (People v. Kirkup) denied. See, Gasquet v. Lapeyre, 242 U.S. 367, 369, 37 S.Ct. 165, 61 L.Ed. 367; Plymouth Coal Co. v. Pennsylvania, 232 U.S. 531, 546, 34 S.Ct. 359, 58 L.Ed. 713.