People v. Stovall

Decision Date30 December 1963
Citation246 N.Y.S.2d 410,13 N.Y.2d 1094,196 N.E.2d 65
Parties, 196 N.E.2d 65 The PEOPLE, etc., Respondent, v. Theodore R. STOVALL, Appellant.
CourtNew York Court of Appeals Court of Appeals

Appeal from County Court, Nassau County.

Defendant was convicted of first degree murder, second degree murder, and attempted first degree murder. The County Court, Nassau County, Kelly, J., entered judgment.

The defendant appealed to the Court of Appeals.

William Cahn, Dist. Atty. (Henry P. DeVine, Asst. Dist. Atty., of counsel), for respondent.

Judgment, insofar as it convicts defendant of murder in the first degree and sentences him to death, affirmed; otherwise, appeal dismissed upon the ground that there has been no review by the appropriate Appellate Division.

All concur.

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7 cases
  • United States v. Denno
    • United States
    • U.S. Court of Appeals — Second Circuit
    • January 31, 1966
    ... 355 F.2d 731 (1966) ... UNITED STATES ex rel. Theodore R. STOVALL, Appellant, ... Honorable Wilfred DENNO, as Warden of Sing Sing Prison, Ossining, New York, Appellee ... No. 307, Docket 29208 ... United ... would go to the weight to be attributed to the identification; not to the admissibility or constitutionality of testimony relating thereto, People v. Partram, 60 Cal.2d 378, 384 P.2d 1001 (1963), cert. denied, 377 U.S. 945, 84 S. Ct. 1353, 12 L.Ed.2d 308 (1964), (defendant forced to try on hat ... ...
  • Stovall v. Denno, 254
    • United States
    • U.S. Supreme Court
    • June 12, 1967
    ... ...           Petitioner was convicted and sentenced to death. The New York Court of Appeals affirmed without opinion. People v. Stovall, 13 N.Y.2d 1094, 246 N.Y.S.2d 410, 196 N.E.2d 65. Petitioner pro se sought federal habeas corpus in the District Court for the Southern District of New York. He claimed that among other constitutional rights allegedly denied him ... at his trial, the admission of Mrs. Behrendt's ... ...
  • People v. Stovall
    • United States
    • New York Court of Appeals Court of Appeals
    • January 23, 1964
  • People v. Keck
    • United States
    • New York Court of Appeals Court of Appeals
    • December 30, 1963
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