People v. . Zerillo
New York Court of Appeals
Motion to dismiss the appeal of the defendants from so much of an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 28, 1910, as dismissed their appeal from an order of the Court of General Sessions, entered on the 23d day of August, 1909, which directed that the attorney-general submit to the grand jury of the county of ¡New York a violation of subdivision 12 of section 41 of the Penal Code alleged to have been committed…
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Motion to dismiss the appeal of the defendants from so much of an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 28, 1910, as dismissed their appeal from an order of the Court of General Sessions, entered on the 23d day of August, 1909, which directed that the attorney-general submit to the grand jury of the county of ¡New York a violation of subdivision 12 of section 41 of the Penal Code alleged to have been committed by the defendants. The facts, so far as material, are stated in the opinion. In sustaining the demurrer to the first…
1Opinion of the CourtWillard Bartlett, J.
On August 23rd, 1909, the Court of General Sessions of the Peace in and for the county of ¡New York made an order directing that a charge against the defendants for violating subdivision 12 of section 41 of the Penal Code should he submitted to the grand jury. The papers upon which this order was made showed that this charge had already been the subject of an indictment against the defendants to which they had successfully demurred. From the order directing a resubmission of the charge the defendants appealed to the Appellate Division where their appeal was dismissed. “No appeal lies from…
2Cases cited3 opinions
- In re MontgomeryAppellate Division of the Supreme Court of the State of New York · 1908
- People Ex Rel. Scharff v. . FrostNew York Court of Appeals · 1910
- Matter of MontgomeryNew York Court of Appeals · 1908
3Cited by56 opinions
- MATTER OF STATE OF NY v. KingNew York Court of Appeals · 1975
- People v. ConcepcionNew York Court of Appeals · 2011
- People v. GersewitzNew York Court of Appeals · 1945
- People v. ReedNew York Court of Appeals · 1937
- Santangello v. PeopleNew York Court of Appeals · 1976
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