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People v. Ruggerio

Court of Appeals of the State of New York
May 20, 1965
208 N.E.2d 465 (N.Y. 1965)

Opinion

Argued April 21, 1965

Decided May 20, 1965

Appeal from the County Court of Herkimer County, MEREDITH MINNS, P.J.

Albert W. Schneider, District Attorney ( Henry D. Blumberg of counsel), for appellant.

Edward J. Rose and George G. Fiesinger for respondent.


Order, insofar as it dismisses the information, reversed and a new trial ordered in a memorandum. Where there is no record of the testimony and the proceedings had upon a trial without fault of the Justice, the judgment of conviction should be reversed and a new trial ordered. Under the circumstances of this case, the County Court lacked the power, as a matter of law, to dismiss the information. ( People v. Saalfield, 14 N.Y.2d 915, 917; People v. Kaplan, 278 App. Div. 665; People v. Cittrola, 213 App. Div. 674, 677.)

Concur: Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Chief Judge DESMOND dissents and votes to affirm upon the ground that the County Court had power in this situation under section 764 of the Code of Criminal Procedure to dismiss the information.


Summaries of

People v. Ruggerio

Court of Appeals of the State of New York
May 20, 1965
208 N.E.2d 465 (N.Y. 1965)
Case details for

People v. Ruggerio

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. LOUIS G. RUGGERIO…

Court:Court of Appeals of the State of New York

Date published: May 20, 1965

Citations

208 N.E.2d 465 (N.Y. 1965)
208 N.E.2d 465
260 N.Y.S.2d 659

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