People v. Kelly
| Citation | 173 N.E.2d 679,9 N.Y.2d 697,212 N.Y.S.2d 755 |
| Parties | , 173 N.E.2d 679 PEOPLE, etc., Respondent, v. Frances E. KELLY, Appellant. |
| Decision Date | 23 February 1961 |
| Court | New York Court of Appeals |
Appeal from Supreme Court, Appellate Division, Fourth Department, 11 A.D.2d 753, 204 N.Y.S.2d 127.
The defendant was convicted in the County Court of Erie County, Jacob A. Latona, J., of performing an abortion, and she appealed.
The Appellate Division unanimously affirmed the conviction without an opinion.
The defendant appealed to the Court of Appeals. The People contended in the Court of Appeals that the County Court during a prior trial properly exercised its discretion in declaring a mistrial under Section 430 of the Code of Criminal Procedure when the prosecuting witness during direct examination suffered an epileptic seizure and was taken to the hospital.
Carman F. Ball, Buffalo (Edward J. Marschner, Buffalo, of counsel), for respondent.
Judgment affirmed.
All concur.
To continue reading
Request your trial
-
DeCanzio v. Kennedy
...a second trial may be had because of the illness of the judge, jurors, witnesses or necessary court personnel (People v. Kelly, 9 N.Y.2d 697, 212 N.Y.S.2d 755, 173 N.E.2d 679; People ex rel. Epting v. De Voe, 309 N.Y. 818, 130 N.E.2d 616; People ex rel. Brinkman v. Barr, 248 N.Y. 126, 161 N......
-
People ex rel. Thomas v. Judges of Family Court, Kings County
...v. Devoe, 309 N.Y. 818, 130 N.E.2d 616 (1955)); in a case of the 'serious illness of a prosecution witness' (People v. Kelly, 9 N.Y.2d 697, 212 N.Y.S.2d 755, 173 N.E.2d 679 (1961)), and when bribery or corruption of a juror was discovered. (Cf. cases in other jurisdictions analyzed in 22 C.......
-
Enright v. Siedlecki
...Jackson. The unavailability of a crucial witness constitutes manifest necessity for a mistrial (Hall v. Potoker, supra; People v. Kelly, 9 N.Y.2d 697, 212 N.Y.S.2d 755; People v. Sorenson, 80 A.D.2d 878, 436 N.Y.S.2d 745). Considering defendant's questionable appearance before the jury in a......
-
Cardin v. Sedita
...court personnel (People ex rel. Epting v. DeVoe, 309 N.Y. 818, 130 N.E.2d 616), or the complaining witness (People v. Kelly, 9 N.Y.2d 697, 212 N.Y.S.2d 755, 173 N.E.2d 679). On the other hand, retrial was barred in a case where the judge in a nonjury trial declared a mistrial Sua sponte ove......