Legal Opinion

People v. Neff

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

Decided July 9, 1907PublishedCited by 8 opinions

Appeal by John Knight from an order made at the Wyoming Extraordinary Trial Term of the-Supreme Court, and entered in tile office of the'clerk of the county-of Wyoming on the 13th day of May, 190t, denying his application for., a certificate fixing the compensation due him on - account' of services performed in the prosecution-of’the above-entitled action.

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Appeal by John Knight from an order made at the Wyoming Extraordinary Trial Term of the-Supreme Court, and entered in tile office of the'clerk of the county-of Wyoming on the 13th day of May, 190t, denying his application for., a certificate fixing the compensation due him on - account' of services performed in the prosecution-of’the above-entitled action. In January, 1906, the defendant was indicted.and arraigned in the county of Erie for the crime of grand larceny in the first degree. In June of that year an order was granted changing the. place of trial of -the action to the. county of…

1Opinion of the Court

Spring, J.:

The district attorney is a constitutional officer. (N. Y. Const. art. 10, § 1.) There does not, however, seem to he any statute defining his general duties. The County Law (Laws of 1892, chap. 686, §§ 200-204, as amd.) provides for liis- election, term of office, etc., but does not prescribe his functions. In very general language, prior to the enactment of the County Law, there had always been a general statement in some statute of the duties of the district attorney, as is shown in the- opinion of the court below. The last of these enactments was repealed by the County Law.…

2Cases cited7 opinions

  1. Hatch v. MannCourt for the Trial of Impeachments and Correction of Errors · 1835
  2. People Ex Rel. Gardenier v. Board of SupervisorsNew York Court of Appeals · 1892
  3. Merzbach v. Mayor, Aldermen & Commonalty of New YorkNew York Court of Appeals · 1900
  4. People v. LytleAppellate Division of the Supreme Court of the State of New York · 1896
  5. Reynolds v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1898

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. In re B. Turecamo Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1940
  2. McDonald v. GoldsteinNew York Supreme Court · 1948
  3. Zimmerman v. City of New YorkNew York Supreme Court · 1966
  4. Thompson v. HofstatterNew York Court of Appeals · 1934
  5. Goldstein v. BerryAppellate Division of the Supreme Court of the State of New York · 1931

3 more not listed; retrieve them via the Exa API.

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