People v. Pitsley
Decision Date | 28 October 1971 |
Citation | 325 N.Y.S.2d 451,37 A.D.2d 905 |
Parties | PEOPLE of the State of New York, Respondent, v. Charles A. PITSLEY, Appellant. |
Court | New York Supreme Court — Appellate Division |
Richard C. Mitchell, Jr., Oswego, for appellant.
Eugene F. Sullivan, Jr., Oswego, for respondent.
Before GOLDMAN, P.J., and WITMER, GABRIELLI, MOULE and CARDAMONE, JJ.
In affirming we are constrained to comment again on the failure of a District Attorney to submit a brief in support of the People's case. (People v. Wright, 22 A.D.2d 754, 253 N.Y.S.2d 653). 'This responsibility and duty of the District Attorney is in no way diminished or excused by reason of the fact that we have affirmed the conviction after a careful consideration of the record and the law' (People v. Holcombe, 34 A.D.2d 728, 311 N.Y.S.2d 796; see also People v. Cerio, 34 A.D.2d 1095, 1096, 312 N.Y.S.2d 596, 597 and People v. Houston, 31 A.D.2d 777, 297 N.Y.S.2d 349).
Judgment unanimously affirmed.
To continue reading
Request your trial-
Darvin M. v. Jacobs
... ... Nor is a revocation proceeding a "criminal action" (CPL 1.20[16] ) under the Criminal Procedure Law at which a "prosecutor" represents the People (CPL 1.20[31] ). A "criminal action" terminates upon sentencing (see, CPL 1.20[16]; cf., Matter of Schumer v. Holtzman, 60 N.Y.2d 46, 467 N.Y.S.2d ... Pitsley, 37 A.D.2d 905, 325 N.Y.S.2d 451; People v. Wright, 22 A.D.2d 754, 253 N.Y.S.2d 653, affd. without opn. 16 N.Y.2d 736, 262 N.Y.S.2d 113, 209 N.E.2d ... ...
-
Murphy on Behalf of Rensselaer County v. Dwyer
... ... of Rensselaer County Court which appointed a special prosecutor to prepare a brief and argue an appeal by a defendant in the case entitled People v. Rediker, 97 A.D.2d 928, 470 N.Y.S.2d 734. We decline, however, to grant that portion of the petition which seeks an order directing respondent ... Petitioner, nevertheless, citing People v. Pacella, 47 A.D.2d 711, 364 N.Y.S.2d 258, People v. Pitsley, 37 A.D.2d 905, 325 N.Y.S.2d 451, People v. Sinclair, 28 A.D.2d 183, 184-185, 283 N.Y.S.2d 974 and People v. Wright, 22 A.D.2d 754, 253 N.Y.S.2d ... ...
-
People v. Pacella
... ... 'This responsibility and duty of the District Attorney is in no way diminished or excused by reason of the fact that we have affirmed the conviction after a careful consideration of the record and law' (People v. Holcombe, 34 A.D.2d 728, 311 N.Y.S.2d 796; and see People v. Pitsley, 37 A.D.2d 905, 325 N.Y.S.2d 451; People v. Cerio, 34 A.D.2d 1095, 312 N.Y.S.2d 596; People v. Houston, 31 A.D.2d 777, 297 N.Y.S.2d 349). The contentions in this case involve serious questions ... of law, and we deplore the apparent lack of interest in the case on the part of the District ... ...
- Bucek v. Merritt