PEOPLE v. DeLEYDEN


10 N.Y.2d 293 (1961)

The People of the State of New York, Appellant, v. Albert P. DeLeyden, Respondent.

Court of Appeals of the State of New York.

Decided October 19, 1961.


Attorney(s) appearing for the Case

Carman F. Ball, District Attorney (Leonard F. Walentynowicz of counsel), for appellant.

Daniel J. Kij for respondent.

Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur.


Per Curiam.

It was not an abuse of discretion, in this speeding case, for the Justice of the Peace to permit the reopening of the People's case. We further hold that in this nonjury trial, which was prosecuted by a Deputy Sheriff, it was not error for the Justice to question the witness in order to elicit sufficient facts to enable him to reach a decision (see People v. Mendes, 3 N.Y.2d 120...

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