People v. . Knapp
New York Court of Appeals
Cross-appeals from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 14, 1911, which affirmed in part and reversed in part an interlocutory judgment sustaining a demurrer to an indictment charging a violation of section 297 of the Penal Law.
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Cross-appeals from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 14, 1911, which affirmed in part and reversed in part an interlocutory judgment sustaining a demurrer to an indictment charging a violation of section 297 of the Penal Law. At the time named in the indictment the Binghamton Trust Company was a moneyed corporation organized under the laws of this State with its principal office and place of business in the city of Binghamton. The defendant was a director of said corporation and also a member of a copartnership composed…
1Opinion of the Court
Vann, J.:
As a suggestion is made in relation to the right of the defendant to appeal we will dismiss the subject by saying that the Legislature in providing against delay through preliminary appeals, by the defendant, did not intend that the sufficiency of an indictment should be passed upon in sections, a part before and a part after final judgment. When the people appealed from the entire judgment rendered by. the Trial Term and later from a part of the judgment rendered by the Appellate Division, the defendant was expressly authorized by statute to appeal from the remainder so that the…
2Cases cited6 opinions
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1885
- In Re the Accounting of PeckNew York Court of Appeals · 1912
- People v. . WilsonNew York Court of Appeals · 1897
- Jones v. . BlunNew York Court of Appeals · 1895
- Bank Commissioners v. Bank of BuffaloNew York Court of Chancery · 1837
1 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- People v. LewisNew York Court of Appeals · 1932
- People v. FarsonNew York Court of Appeals · 1927
- People v. BrengardNew York Court of Appeals · 1934
- People v. BlanchardNew York Court of Appeals · 1942
- People v. MackellAppellate Division of the Supreme Court of the State of New York · 1975
53 more not listed; retrieve them via the Exa API.