1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 6 N.Y.2d
  5. 6 N.Y.2d 225 (1959)
 

PEOPLE v. ALFONSO

6 N.Y.2d 225 (1959)

The People of the State of New York, Appellant, v. Carmine Alfonso and Andrew Alfonso, Respondents.

Court of Appeals of the State of New York.

Decided July 8, 1959.

Attorney(s) appearing for the Case

Joseph F. Gagliardi, District Attorney (Warren J. Schneider of counsel), for appellant.

Joseph S. Ragno for respondent.

David Diamond and Edward S. Silver for New York State District Attorneys' Association, amicus curiæ.

Chief Judge CONWAY concurs with Judge VAN VOORHIS; Judges FROESSEL and BURKE concur in result; Judge DESMOND dissents in an opinion in which Judge DYE concurs and Judge FULD dissents in a separate opinion.

VAN VOORHIS, J.

The memorandum opinion of the Westchester County Court, in dismissing these indictments for failure to prosecute, states: "The facts are such as to bring the matter squarely within the holding of the Court of Appeals in People v. Prosser (309 N.Y. 353)."

This court held that the facts in the Prosser case compelled dismissal of the indictment...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases