Legal Opinion

People v. Lovello

New York Court of Appeals

Decided July 11, 1956PublishedCited by 62 opinions

1Opinion of the CourtDesmond, J.

Defendant’s conviction was on four counts of criminally buying and receiving stolen property as a felony. There is no dispute as to the sufficiency of the prosecution’s proof. The conviction must, however, be reversed for the reasons stated in the dissenting opinion at the Appellate Division.

The Trial Judge declined to charge the jury, as requested by defendant’s counsel, that “ the police officers were guilty of j unnecessary delay as a matter of law ”. An exception was taken. Defendant had been arrested late on a Saturday night and held in custody all that night, all day Sunday and through…

2Cases cited4 opinions

  1. Berger v. United StatesSupreme Court of the United States · 1935
  2. People v. TassielloNew York Court of Appeals · 1950
  3. People v. SnyderNew York Court of Appeals · 1947
  4. People v. SwansonAppellate Division of the Supreme Court of the State of New York · 1951

3Cited by62 opinions

  1. Culombe v. ConnecticutSupreme Court of the United States · 1961
  2. People v. AshwalNew York Court of Appeals · 1976
  3. People v. MarksNew York Court of Appeals · 1959
  4. People v. PapernoNew York Court of Appeals · 1981
  5. State v. LusterSupreme Court of Connecticut · 2006

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