People v. Epps
Opinion of the Court
Judgment rendered on June 22, 1962, convicting defendant of grand larceny, second degree, and of four counts of petit larceny, and sentencing" defendant to State prison for a term of two years and six months to five years on the grand larceny count, and to the New York City Penitentiary for one year on each of the four petit larceny counts, the sentences on the petit larceny counts to run concurrently with each other but consecutive to the grand larceny sentence, unanimously modified to the extent of directing that the sentences on the petit larceny counts are to run concurrently with the State prison sentence on the grand larceny count, and as so modified the judgment is affirmed. That part of the appeal which is from 19 citations of contempt during the course of the trial, is dismissed. Where a contempt is committed in the immediate view and presence of the court and is punished summarily, review must be had under article 78 of the Civil Practice Law and Rules (formerly Civ. Prac. Act, art. 78) and not by appeal. (Judiciary Law, § 755; Matter of Goodman v. Sala, 268 App. Div. 826, app. dsmd. 293 N. Y. 761.) We have examined appellant’s assignments of error as to the larceny convictions and find that no prejudicial error was committed requiring a new trial. However, appellant’s contention regarding the manner by which fingerprint cards, containing defendant’s signature, were permitted to bo inspected by the jury requires further comment. Two cards, signed by defendant in the presence of police officers, were admitted into evidence to provide . a basis for expert testimony for comparison with the signatures
Case-law data current through December 31, 2025. Source: CourtListener bulk data.