People v. Haas
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joseph A. Haas, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 15th day of December, 1903, denying the defendant’s motion to remove the trial of the indictments in the action from the County Court of Queens county to the Supreme Court; also from a judgment of the County Court of' Queens county in favor of plaintiff, entered on the 4th day of March, 1904,…
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Appeal by the defendant, Joseph A. Haas, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 15th day of December, 1903, denying the defendant’s motion to remove the trial of the indictments in the action from the County Court of Queens county to the Supreme Court; also from a judgment of the County Court of' Queens county in favor of plaintiff, entered on the 4th day of March, 1904, convicting the defendant of the crime of burglary in the first degree and sentencing him to State’s prison; also from a…
1Opinion of the Court
Jenks, J.:
Section 46 of the Code of Civil Procedure applies both to civil and to,criminal trials. (People v. Connor, 142 N. Y. 130.) I think that an appeal lies from the order denying the motion to remove the trial of the indictment from the County Court to the Supreme Court on the ground that else the trial must be presided over by a judge who was within the prohibition of that section. It affects a. substantial right within the meaning of that term as defined in People v. N. Y. C. R. R. Co. (29 N. Y. 418) and in Martin v. Windsor Hotel Co. (70 id. 101). An appeal of similar character was…
2Cases cited10 opinions
- Hurtado v. CaliforniaSupreme Court of the United States · 1884
- Oakley v. . AspinwallNew York Court of Appeals · 1850
- The People v. . the N.Y.C.R.R. Co.New York Court of Appeals · 1864
- Newcome v. LightTexas Supreme Court · 1882
- People v. . ConnorNew York Court of Appeals · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- People ex rel. Burke v. District Court of the Third Judicial DistrictSupreme Court of Colorado · 1915
- In re the Arbitration between Knickerbocker Textile Corp. & Sheila-Lynn, Inc.New York Supreme Court · 1939
- Mustafoski v. StateCourt of Appeals of Alaska · 1994
- People v. ZappacostaAppellate Division of the Supreme Court of the State of New York · 1980
- Arkwright v. SteinbuglerAppellate Division of the Supreme Court of the State of New York · 1954
12 more not listed; retrieve them via the Exa API.