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People v. Roberts

Supreme Court, Appellate Term, Second Department
Apr 2, 1974
79 Misc. 2d 243 (N.Y. App. Term 1974)

Opinion

April 2, 1974

Appeal from the District Court of Suffolk County, First District, LAWRENCE NEWMARK, J.

George J. Aspland, District Attorney, and Francis W. Rhinow, Acting District Attorney ( Jerold E. Nemetz and Kevin J. Crowley of counsel), for appellant.

John F. Middlemiss ( Leon J. Kesner of counsel), for respondent.


MEMORANDUM.

Appeal from judgment after trial, dismissing the information, is unanimously dismissed on the law.

No appeal may be had by the People from the judgment entered after trial herein, which was not a trial order of dismissal. (See opinion of court below, 73 Misc.2d 500.) The question of whether the sawed-off shotgun in defendant's possession was of a size which may be concealed upon the person, presented a triable issue of fact. (See People v. Palermo, 36 A.D.2d 565.)

Concur — HOGAN, P.J., PITTONI and FARLEY, JJ.


Summaries of

People v. Roberts

Supreme Court, Appellate Term, Second Department
Apr 2, 1974
79 Misc. 2d 243 (N.Y. App. Term 1974)
Case details for

People v. Roberts

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JAMES J. ROBERTS…

Court:Supreme Court, Appellate Term, Second Department

Date published: Apr 2, 1974

Citations

79 Misc. 2d 243 (N.Y. App. Term 1974)
360 N.Y.S.2d 151

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