Legal Opinion

People v. Zerillo

Appellate Division of the Supreme Court of the State of New York

Decided November 3, 1911PublishedCited by 8 opinions

Appeal by the defendants,. Frank Zerillo and others, from a judgment of the Court of General Sessions of the Peace in and for the city and county of New York, rendered against the defendants, on the 9th day of March, 1911, convicting them of the crime of having made, as Republican primary election inspectors, false statements of the result of the canvass of ballots, with notice of an intention to bring up for review on such appeal certain intermediate orders and certain…

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Appeal by the defendants,. Frank Zerillo and others, from a judgment of the Court of General Sessions of the Peace in and for the city and county of New York, rendered against the defendants, on the 9th day of March, 1911, convicting them of the crime of having made, as Republican primary election inspectors, false statements of the result of the canvass of ballots, with notice of an intention to bring up for review on such appeal certain intermediate orders and certain judgments theretofore rendered herein.

1Opinion of the Court

Dowling, J.:

Defendants have been convicted of a misdemeanor in that while acting as inspectors of a primary election they made a false statement of the result of the canvass of the ballots cast thereat. " (Penal Oode, §'41, subd. 12; now Penal Law, § 751, subd. 12.) They appeal from the judgment of conviction and seek to review thereupon, among other things, the judgment rendered on the verdict for the People on the trial of a plea of former acquittal,, the denial of a motion to dismiss the indictment on the same ground, and an order made August 23, 1909, directing the resubmission of the…

2Cases cited2 opinions

  1. People v. . KrivitzkyNew York Court of Appeals · 1901
  2. People v. KrivitzkyAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by8 opinions

  1. People v. Benson, New York County Courts1955
  2. State v. SexsmithSupreme Court of Iowa · 1926
  3. State v. PhillipsArizona Supreme Court · 1925
  4. Hayden v. StateSupreme Court of Florida · 1942
  5. Haley v. DarrigrandAppellate Division of the Supreme Court of the State of New York · 1978

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