People v. Fellman

Appeal by the People from a trial order of dismissal rendered November 10, 1971, by the Supreme Court, Suffolk County, at the end of the People’s case upon a non jury trial. Christ, J., votes to affirm, with a. memorandum, in which Rabin, P. J., concurs; Hopkins, J., votes to reverse and to order a new trial, with a memorandum, in which Martuscello, J., concurs; and Munder, J., votes to dismiss the appeal, with a memorandum. Christ, J. I agree, upon the reasoning of Mr. Justice Hopkins in his memorandum, that the trial order of dismissal is appealable. However, I believe that the People’s…