Opinion · Nylaw New York

PEOPLE v. STEWART, 20 A.D.2d 675 [2d Dept 1964]

PEOPLE OF THE STATE OF N.Y., Respondent, v. JOHNNY B. STEWART,Appellant., 20 A.D.2d 675 (Appellate Division of the Supreme Court of New York, Second Department. 1964)

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1964-01-27
Topic: general

PEOPLE v. STEWART, 20 A.D.2d 675 [2d Dept 1964] THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHNNY B. STEWART,Appellant.Appellate Division of the Supreme Court of New York, Second Department. January 27, 1964 In a criminal action, the defendant appeals from an order of the County Court, Suffolk County, dated May 22, 1963 (erroneously referred to in the notice of appeal as April 24, 1963), which denied his renewed motion to inspect the Grand Jury minutes and to dismiss the indictment.

Citator

UpLaw has not yet analyzed PEOPLE v. STEWART, 20 A.D.2d 675 [2d Dept 1964]. The absence of a flag is not a finding that it is good law.

PEOPLE v. STEWART,20 A.D.2d 675[2d Dept 1964]

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHNNY B. STEWART,

Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

January 27, 1964

In a criminal action, the defendant appeals from an order of the County Court, Suffolk County, dated May 22, 1963 (erroneously referred to in the notice of appeal as April 24, 1963), which denied his renewed motion to inspect the Grand Jury minutes and to dismiss the indictment. Appeal dismissed. The order is not appealable; it is reviewable only on an appeal from a judgment of conviction (Code Crim. Pro., § 517;Peoplev.Latoski,2 A.D.2d 891). No such appeal is pending; no notice of appeal from the judgment of conviction rendered October 7, 1958 against the defendant has ever been filed. [For prior related appeal, seePeoplev.Stewart,16 A.D.2d 962.] Beldock, P.J., Christ, Brennan, Rabin and Hopkins, JJ., concur.