People v. Klein
| Decision Date | 25 June 1958 |
| Citation | 4 N.Y.2d 985,177 N.Y.S.2d 505 |
| Parties | , 152 N.E.2d 529 PEOPLE, Respondent, v. Julius F. KLEIN, Jr., Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 4 A.D.2d 755, 165 N.Y.S.2d 704.
Defendant was convicted of second degree assault. The Nassau County Court, Widlitz, J., 6 Misc.2d 289, 166 N.Y.S.2d 240, entered judgment of conviction, denied motion for new trial, and held that in view of the fact that it was clear from testimony in support of motion for new trial, on ground of newly discovered evidence, that the evidence was not newly discovered, but had been known months before the trial by the defendant and his attorney, and could have been offered in defense, motion for new trial would be denied.
On appeal by the defendant, the Appellate Division, 4 A.D.2d 755, 165 N.Y.S.2d 704, affirmed the judgment.
Permission to appeal to the Court of Appeals was granted defendant by Albert Conway, Chief Judge of the Court of Appeals, and the defendant appealed to the Court of Appeals.
Mordecai Konowitz, New York York City, for appellant.
Frank A. Gulotta, Nassau County Dist. Atty., Mineola, Donald X. Clavin, Asst. Dist. Atty., Valley Stream, for respondent.
Judgment affirmed.
All concur.
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People v. Hawkins
...167, 170 bottom; People v. Klein, 6 Misc.2d 289, 166 N.Y.S.2d 240, affirmed 4 A.D.2d 755, 165 N .Y.S.2d 704, affirmed 4 N.Y.2d 985, 177 N.Y.S.2d 505, 152 N.E.2d 529); and that the general presumption is an official does not act contrary to his official duty, nor omit any act which his offic......
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