People v. . O'Brien
New York Court of Appeals
Appeal from an order of tlie Appellate Division of the Supreme Court in the first judicial department, made February 9, 1900, reversing a judgment of the Court of General Sessions convicting the defendant of the crime of assault in the third degree. The facts, so far as material, are stated in the opinion. There is nothing before this court to review.
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Appeal from an order of tlie Appellate Division of the Supreme Court in the first judicial department, made February 9, 1900, reversing a judgment of the Court of General Sessions convicting the defendant of the crime of assault in the third degree. The facts, so far as material, are stated in the opinion. There is nothing before this court to review. "Where a judgment of conviction is reversed on the facts by the Appellate Division, its decision is not reviewable by this court. (People v. Mitchell, 142 N. Y. 639; People v. Stevens, 104 N. Y. 667.) When the order of the Appellate Division…
1Opinion of the CourtO’Brien, J.
The defendant was indicted for the offense of assault in the third degree, and on a trial was convicted by the jury and sentenced to pay a fine of $50. On appeal to the Appellate Division the judgment was reversed. The order of reversal simply states that it was “ ordered and adjudged that the said judgment so appealed from, as aforesaid, be and the same hereby is reversed.”
The order does not state upon what ground or for what reason the judgment was reversed. The defendant was entitled to have the facts examined upon the appeal, and we cannot say that the reversal did not proceed upon that…
2Cases cited3 opinions
- The People v. . ConroyNew York Court of Appeals · 1884
- Harris v. . BurdettNew York Court of Appeals · 1878
- The People v. . BoasNew York Court of Appeals · 1883
3Cited by8 opinions
- People v. BellowsNew York Court of Appeals · 1939
- People v. . RedmondNew York Court of Appeals · 1919
- People v. . CalaburNew York Court of Appeals · 1904
- People v. ThomasNew York Court of Appeals · 1978
- People v. . WeinerNew York Court of Appeals · 1914
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