From Casetext: Smarter Legal Research

People v. Marturano

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 23, 1965
24 A.D.2d 733 (N.Y. App. Div. 1965)

Opinion

September 23, 1965


Motion granted and trial of indictment removed from County Court of Oswego County to a term of the Supreme Court to be held in Lewis County. Memorandum: The release and publication of the decision of Oswego County Court denying defendant's motion to suppress (1) certain statements alleged to have been made by him and (2) alleged evidentiary leads (articles of clothing) obtained at the time of such questioning may well have prejudiced defendant's right to a fair trial in the county of venue. Therein the court made detailed findings in favor of the People and against the defendant upon testimony of witnesses called by the respective parties that presented sharp factual issues. It would have been preferable to follow the procedure outlined in People v. La Belle ( 44 Misc.2d 324, 327, 330). All concur.


Summaries of

People v. Marturano

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 23, 1965
24 A.D.2d 733 (N.Y. App. Div. 1965)
Case details for

People v. Marturano

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. PAUL DAVID MARTURANO…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Sep 23, 1965

Citations

24 A.D.2d 733 (N.Y. App. Div. 1965)

Citing Cases

People v. Boudin

l jury can be impaneled. Nevertheless, it may not always successfully root out prejudice and therefore does…

State, ex Rel. Dayton Newspapers, v. Phillips

" Accord United States v. Slocum (C.A. 3, 1972), 464 F.2d 1180. See, also, People v. Pratt (3d Dep't 1967),…