People v. Bruno
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November. 17, 1916, which reversed a judgment of the Court of General Sessions of the county of New York, rendered upon a verdict convicting the defendant of an attempt to commit the crime of grand larceny in the first degree and granted a new trial.
1Per curiam
The judgment and order of the Appellate Division should be reversed and the judgment of the Court of General Sessions affirmed.
Held, 1. The trial court having found upon sufficient evidence that it was satisfactorily shown that the witness whose deposition was received in evidence against the defendant could not with due diligence be found within the state that question may not be reviewed here.
2. The deposition was properly authenticated. An official stenographer had been appointed by the magistrate before whom the prehminary examination was taken under proper provision of law therefor and…
2Cited by3 opinions
- People v. . FisherNew York Court of Appeals · 1918
- State v. BudgeSupreme Judicial Court of Maine · 1928
- People v. AlberoNew York Court of General Session of the Peace · 1922