People v. Leonti

CourtNew York Court of Appeals
Citation256 N.Y.S.2d 935,205 N.E.2d 201,15 N.Y.2d 723
Parties, 205 N.E.2d 201 The PEOPLE, etc., Respondent-Appellant, v. Joseph LEONTI, Appellant-Respondent.
Decision Date07 January 1965

Page 935

256 N.Y.S.2d 935
15 N.Y.2d 723, 205 N.E.2d 201
The PEOPLE, etc., Respondent-Appellant,
v.
Joseph LEONTI, Appellant-Respondent.
Court of Appeals of New York.
Jan. 7, 1965.

Appeal from Supreme Court, Appellate Division, Second Department, 20 A.D.2d 899, 248 N.Y.S.2d 1012.

Defendant was convicted of felony murder in the first degree, murder in the second degree, and arson in the third degree. The Supreme Court, Nassau County, Thomas P. Farley, J., entered judgment, and the defendant appealed.

The Appellate Division modified the judgment on the law by striking out the provision imposing a sentence of 40 years to life imprisonment on the second degree murder conviction and, as so modified, affirmed the judgment.

The defendant appealed to the Court of Appeals.

Irving Tenenbaum, Great Neck, for defendant-appellant-respondent.

Page 936

Determination of the appeal withheld and the case remitted to the Supreme Court, Nassau County, for further proceedings consistent with People v. Huntley, 15 N.Y.2d 72, 255 N.Y.S.2d 838, 204 N.E.2d 179, decided herewith.

All concur.

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9 practice notes
  • United States v. Thomas, 68 Civ. 464.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • April 2, 1968
    ...latter tribunal later amended its remittitur to make clear that the point had been raised and decided. 15 N.Y.2d 724, 256 N.Y.S.2d 936, 205 N.E.2d 201 (Jan. 7, In the Supreme Court, petitioner again briefed and argued his claims under Mapp. The Court concluded, however (after rejecting his ......
  • Mishkin v. State of New York, 49
    • United States
    • United States Supreme Court
    • March 21, 1966
    ...affirmed without opinion. 15 N.Y.2d 671, 255 N.Y.S.2d 881, 204 N.E.2d 209 (1964), remittitur amended, 15 N.Y.2d 724, 256 N.Y.S.2d 936, 205 N.E.2d 201 (1965). We noted probable jurisdiction. 380 U.S. 960, 85 S.Ct. 1103, 14 L.Ed.2d 15i. We affirm. Appellant was not prosecuted for anything he ......
  • United States v. One Carton Positive Motion Picture Film
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • November 17, 1965
    ...(1962) 17 A.D.2d 243, 234 N.Y.S.2d 342; (1964) 15 N.Y. 2d 671, 255 N.Y.S.2d 881, 204 N.E.2d 209; (1965) 15 N.Y.2d 724, 256 N.Y.S. 2d 936, 205 N.E.2d 201. The convictions were affirmed by the New York Court of Appeals. On November 8, 1965, 86 S.Ct. 232, the United States Supreme Court agreed......
  • People v. Mishkin
    • United States
    • New York Court of Appeals
    • July 7, 1967
    ...conviction, expressly rejecting those constitutional arguments (15 N.Y.2d 671, 724, 255 N.Y.S.2d 881, 256 N.Y.S.2d 881, 204 N.E.2d 209, 205 N.E.2d 201) and, on his [20 N.Y.2d 718] further appeal, the Supreme Court also affirmed the conviction (383 U.S. 502, 86 S.Ct. It now appears, in retro......
  • Request a trial to view additional results
9 cases
  • United States v. Thomas
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • April 2, 1968
    ......2): . "In view of the then posture of the law in the State of New York concerning the matter of search and seizure as enunciated in People v. Defore, 242 N.Y. 13 150 N.E. 585 (1926), the question of the adequacy of the search warrant was not pursued to an ultimate finding at the trial ......
  • Mishkin v. State of New York
    • United States
    • United States Supreme Court
    • March 21, 1966
    ......' adopted by the New York courts in interpreting § 1141 delimits a narrower class of conduct than that delimited under the Roth definition, People v. Richmond County News, Inc., 9 N.Y.2d 578, 586—587, 216 N.Y.S.2d 369, 175 N.E.2d 681, 685—686 (1961), 4 and thus § 1141, like the statutes in ......
  • United States v. One Carton Positive Motion Picture Film
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • November 17, 1965
    ......People v. Mishkin (1960), 26 Misc.2d 152, 207 N.Y.S.2d 390; (1962) 17 A.D.2d 243, 234 N.Y.S.2d 342; (1964) 15 N.Y. 2d 671, 255 N.Y.S.2d 881, 204 N.E.2d 209; ......
  • People v. Mishkin
    • United States
    • New York Court of Appeals
    • July 7, 1967
  • Request a trial to view additional results

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