People v. Cimino
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Erminio Oimino, from a judgment of the County Court of Kings county, rendered against him on the 3d day of February, 1914, convicting him of the crime of abduction, with notice of an intention to bring up for review an order granting a reargument of the motion to set aside the verdict, and also the order thereafter entered setting aside the verdict in so far as it convicted the defendant of the crime of rape in the first degree, but sustaining it in…
Read the full summary
Appeal by the defendant, Erminio Oimino, from a judgment of the County Court of Kings county, rendered against him on the 3d day of February, 1914, convicting him of the crime of abduction, with notice of an intention to bring up for review an order granting a reargument of the motion to set aside the verdict, and also the order thereafter entered setting aside the verdict in so far as it convicted the defendant of the crime of rape in the first degree, but sustaining it in so far as it convicted him of the crime of abduction.
1Opinion of the Court
Jenks, P. J.:
The defendant without demurrer came to trial in the County Court upon an indictment which contained three counts, for an attempt to commit rape in the second degree, for assault in the second degree, and for abduction, respectively. The verdict is guilty of attempt to commit rape and of abduction. The court granted the defendant’s motion for a new trial and entered an order therefor, but upon a reargument granted the motion only as to the conviction for the attempt to commit rape in the second degree, denied it as to the abduction, and entered an ordera accordingly. Judgment was…
2Cases cited7 opinions
- Riggs v. . PursellNew York Court of Appeals · 1878
- Belmont v. Erie Railway Co.New York Supreme Court · 1869
- Mathis v. StateCourt of Criminal Appeals of Texas · 1899
- Haskell v. MoranAppellate Division of the Supreme Court of the State of New York · 1907
- In re CraneNew York Supreme Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Awadelkariem v. StateCourt of Criminal Appeals of Texas · 1998
- Hamilton Park Builders Corp. v. RogersNew York Supreme Court · 1956
- State v. LarkinOhio Court of Appeals · 1996
- United States v. SmithCourt of Appeals for the Third Circuit · 1946
- People ex rel. Imbruglia v. JacksonAppellate Division of the Supreme Court of the State of New York · 1959
6 more not listed; retrieve them via the Exa API.