PEOPLE v. LOPEZ


117 Misc.2d 1068 (1982)

The People of the State of New York, Respondent, v. Octavio Lopez, Appellant.

Supreme Court, Appellate Term, First Department.

December 1, 1982


Attorney(s) appearing for the Case

William E. Hellerstein and Ronna Brown for appellant. Robert M. Morgenthau, District Attorney (Norman Barclay of counsel), for respondent.

HUGHES and SULLIVAN, JJ., concur; DUDLEY, P. J., dissents in a separate opinion.


Per Curiam.

Judgment of conviction rendered June 11, 1981 affirmed. The case is remitted to the Criminal Court, New York County, for proceedings to direct defendant to surrender himself to said court so that execution of the judgment may be commenced or resumed (CPL 460.50, subd 5).

The decision to grant or deny a motion for a mistrial is within a trial court's discretion, and we may not interfere with that determination unless it amounts to a clear...

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