People v. Maestry
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frank Maestry, from a judgment of the Supreme Court, Criminal Term, rendered against him on the 10th day of November, 1913, convicting him of the crime of murder in the second degree, and also from an order entered in the office of the clerk of the county of New York on the 10th day of November, 1913, denying his motion for a new trial.
1Opinion of the Court
Scott, J.:
The defendant has been convicted of murder in the second *165People v. Shenk, 142 N. Y. Supp., 1081; s. c. 30 N. Y. Cr. Rep., 128, which is to move to dismiss the information because of the insufficiency of evidence and that, therefore, the Magistrate had no jurisdiction to hold the defendant for trial. See also People ex rel. Phillips v. Hanley, 164 App. Div. 150. Even the regularity of this practice has been questioned.
The demurrer is, accordingly, overruled.
All concur.
2Cases cited2 opinions
- People ex rel. Phillips v. HanleyAppellate Division of the Supreme Court of the State of New York · 1914
- People v. ShenkNew York Court of Special Session · 1913