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PEOPLE STATE NEW YORK v. L. JUDSON MORHOUSE (09/25/69)

COURT OF APPEALS OF NEW YORK


decided: September 25, 1969.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
L. JUDSON MORHOUSE, APPELLANT

Motion by the People to dismiss, and cross motion by defendant to transfer to the Appellate Division of the Supreme Court in the First Judicial Department, an appeal from an amended judgment of conviction of the Supreme Court (Abraham J. Gellinoff, J.), entered May 5, 1969 in New York County following a hearing conducted pursuant to direction of the Court of Appeals, which, on December 7, 1967, modified a judgment of said Appellate Division which affirmed the original judgment of conviction, by remitting the case "to the Supreme Court, New York County, for a full hearing as to any claimed violations of defendant's rights through the eavesdrops which he has standing to challenge" (21 N.Y.2d 66, 79). Defendant also served and filed a notice of appeal to said Appellate Division from the amended judgment of conviction.

Motion granted and appeal dismissed upon the ground that an appeal lies as of right to the Appellate Division.

 Cross motion denied as unnecessary.

Disposition

Motion granted and appeal dismissed upon the ground that an appeal lies as of right to the Appellate Division.

Cross motion denied as unnecessary.

19690925

© 1998 VersusLaw Inc.



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