PEOPLE v. VAN SICKLE


13 N.Y.2d 61 (1963)

The People of the State of New York, Appellant, v. Helen Montague Van Sickle, Respondent.

Court of Appeals of the State of New York.

Decided July 10, 1963.


Attorney(s) appearing for the Case

Abraham Isseks, District Attorney (Angelo J. Ingrassia of counsel), for appellant.

Martyn Taub for respondent.

Judges DYE, BURKE and SCILEPPI concur with Chief Judge DESMOND; Judge VAN VOORHIS concurs in the result in a separate opinion in which Judges FULD and FOSTER concur.


Chief Judge DESMOND.

I join in the court's negative answer to the only question presented to us on this appeal, that is: must a criminal conviction be reversed solely because the lay complaining witness was allowed to conduct the prosecution? If there was before us for decision the much broader question as to the District Attorney's rights and duties I would say that the courts as well as the District Attorney...

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