Legal Opinion

People v. Mascola

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

Decided September 29, 1916PublishedCited by 7 opinions

Motion by the People of the State of New York to dismiss the appeal herein.

1Opinion of the Court

Stapleton, J.:

The district attorney moves to dismiss the appeal on the ground that the order is not appealable. The defendant is charged' in a criminal action with a violation of the Liquor Tax Law, a misdemeanor. (See Consol. Laws, chap. 34 [Laws of 1909, chap. 39], § 36, as amd. by Laws of 1910, chap. 485.) An action is pending against him in the Court of Special Sessions of the City of New York. Before the commencement of the trial of the issue raised by his plea of “ not guilty,” he applied to a county judge of Kings county, the county in which the crime is alleged to have been committed,…

2Cases cited7 opinions

  1. People v. . McLaughlinNew York Court of Appeals · 1896
  2. In re MontgomeryAppellate Division of the Supreme Court of the State of New York · 1908
  3. People v. . ZerilloNew York Court of Appeals · 1911
  4. People v. . KnattNew York Court of Appeals · 1898
  5. People v. ButtsAppellate Division of the Supreme Court of the State of New York · 1907

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3Cited by7 opinions

  1. People v. MellonAppellate Division of the Supreme Court of the State of New York · 1941
  2. People v. BrindellAppellate Division of the Supreme Court of the State of New York · 1921
  3. People v. DziegielAppellate Division of the Supreme Court of the State of New York · 1931
  4. People v. BrownsteinAppellate Division of the Supreme Court of the State of New York · 1960
  5. People v. C. Eril Le TangAppellate Division of the Supreme Court of the State of New York · 1948

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