People v. Costello
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Ella M. Costello, from a judgment of the County Court of Erie county, rendered against her on the 15th day of December, 1916, affirming a judgment of the City Court of Buffalo, rendered on the 27th day of July, 1916, convicting her of a violation of section 1146 of the Penal Law.
1Opinion of the Court
Per Curiam :
The principal ground urged for a reversal of defendant’s conviction is that the information submitted to the magistrate for the warrant is made by a police officer upon information and belief, with no sufficient statement of the sources of his information and the grounds of bis belief.
Assuming the information to be insufficient, we find nothing in the record showing that the magistrate did not have before him depositions of other witnesses, nor does it appear that defendant objected to the sufficiency of the information upon her arraignment. So far as appears, she consented to the…
2Cases cited3 opinions
- People v. Cuatt, New York County Courts1911
- People v. SchernoAppellate Division of the Supreme Court of the State of New York · 1910
- People v. ShaverAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by9 opinions
- People v. ScottNew York Court of Appeals · 1957
- People v. Patrick, New York County Courts1941
- City of Buffalo v. MurphyAppellate Division of the Supreme Court of the State of New York · 1930
- People v. Sly, New York County Courts1942
- People ex rel. Brown v. BakerAppellate Division of the Supreme Court of the State of New York · 1954
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