Legal Opinion
People v. Lally
New York Court of Appeals
Decided December 30, 1966PublishedCited by 90 opinions
1Opinion of the Court
Chief Judge Desmond.
This appeal brings us two questions: first, as to whether the order appealed from, entitled in this criminal cause, is appealable here since it is not one of the orders listed as appealable in section 517 of the Code of Criminal Procedure. The Appellate Division treated the application as beginning a civil special proceeding and this, we hold, was correct (see Code Crim. Pro., § 454, subds. [3], [5]).
The second law question presented by the appeal is as to the constitutionality of section 454 of the Code of Criminal Procedure, the first subdivision of which has been on the…
2Cases cited6 opinions
- Baxstrom v. HeroldSupreme Court of the United States · 1966
- Lynch v. OverholserSupreme Court of the United States · 1962
- Donald Ragsdale v. Winfred Overholser, Superintendent, St. Elizabeths HospitalCourt of Appeals for the D.C. Circuit · 1960
- People ex rel. Peabody v. ChanlerAppellate Division of the Supreme Court of the State of New York · 1909
- People Ex Rel. Morriale v. BranhamNew York Court of Appeals · 1943
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3Cited by90 opinions
- Jackson v. IndianaSupreme Court of the United States · 1972
- Gerald C. Bolton v. David W. Harris, Acting Superintendent of Saint Elizabeths HospitalCourt of Appeals for the D.C. Circuit · 1968
- Conservatorship of HofferberCalifornia Supreme Court · 1980
- In Re FranklinCalifornia Supreme Court · 1972
- United States of America Ex Rel. Roy Schuster, Relator-Appellant v. Ross E. Herold, M.D., Director of Dannemora State Hospital, Dannemora, New YorkCourt of Appeals for the Second Circuit · 1969
85 more not listed; retrieve them via the Exa API.