People v. Collins
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*432OPINION OF THE COURT
Hancock, Jr., J.
A procedural question in this appeal concerns the propriety of reserving decision on defendant’s motion for a mistrial made during the trial and, after a guilty verdict has been returned, granting the motion on the ground originally urged and on additional grounds. For reasons to be discussed, we are of the opinion that such practice is unauthorized1 and hold that the order herein which purports to direct a new trial as a result of a postverdict mistrial motion cannot stand. Alternatively, if the posttrial motion be viewed as one to set aside a verdict…
2Cases cited13 opinions
- People v. ConyersNew York Court of Appeals · 1980
- People v. ShanisNew York Court of Appeals · 1975
- People v. GenoveseNew York Court of Appeals · 1962
- People v. SmootAppellate Division of the Supreme Court of the State of New York · 1977
- People v. MordinoAppellate Division of the Supreme Court of the State of New York · 1977
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3Cited by12 opinions
- People v. BanksAppellate Division of the Supreme Court of the State of New York · 1987
- People v. WilsonAppellate Division of the Supreme Court of the State of New York · 1985
- People v. VenturaNew York Court of Appeals · 1985
- People v. RobertsAppellate Division of the Supreme Court of the State of New York · 1983
- People v. GuerreroAppellate Division of the Supreme Court of the State of New York · 1985
7 more not listed; retrieve them via the Exa API.