Legal Opinion

People v. McLaughlin

New York Supreme Court

Decided June 15, 1895PublishedCited by 1 opinion

Motion for a certificate of reasonable doubt pending appeal from a conviction for extortion in the Court of Oyer and Terminer in New York county.

1Opinion of the CourtGaynor, J.

The law does not cast upon me the duty of concluding whether error was actually committed in the defendant’s case. On the contrary, the statute is that if any assigned error give rise to “ reasonable doubt whether the judgment should stand ” it is my duty, without going further, to grant a certificate of reasonable doubt to operate as a stay of the judgment pending appeal. I have such doubt, and being unable to resolve it after careful deliberation, I must unhesitatingly respond to the injunction which the law lays upon me and allow the stay without regard to my personal inclination.

Whether…

2Cases cited1 opinion

  1. National Ulster County Bank v. MaddenNew York Court of Appeals · 1889

3Cited by1 opinion

  1. People v. BilanchukNew York Supreme Court · 1951

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