Appellate Division of the Supreme Court of New York, 1927

People v. Phelan

People v. Phelan
Appellate Division of the Supreme Court of New York · Decided June 15, 1927
221 A.D. 758
People v. Phelan

Opinion of the Court

Judgment of conviction of the County Court of Nassau county reversed upon the law, and new trial granted. We are constrained to reverse this conviction because of the refusal of the learned county judge to accord defendant, in the face of his demand therefor, the time required by the Code of Criminal Procedure, sections 311 and 357, to plead and to prepare for trial. The error is not one that may be disregarded pursuant to section 542 of the Code of Criminal Procedure. (People v. Harper, 139 App. Div. 344.) Kelly, P. J., ■ Manning, Kapper, Lazansky and Hagarty, JJ., concur.

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