Appellate Terms of the Supreme Court of New York, 1974

People v. Roberts

Appellate Terms of the Supreme Court of New York · Decided April 2, 1974

79 Misc. 2d 243; 360 N.Y.S.2d 151; 1974 N.Y. Misc. LEXIS 1637

Counsel

George J. Asplcmd, District Attorney, and Francis W. Bhinow, Acting District Attorney. (Jerold E. Nemetz and Kevin J. Crowley of counsel), for appellant. JohnF. Middlemiss (Leon J. Kesner of counsel), for respondent.

Opinion of the Court

-Memorandum. Appeal from judgment after trial, dismissing the inf ormation, is unanimously dismissed on the law.

No appeal may be had by the People from the judgment entered after trial herein, ¡which was mot a trial order of dismissal. (See opinion of court below, 73 Misc 2d 500.) The question of whether the sawed-off shotgun in defendant’s possession was of a .size which ¡may be concealed upon the person, presented a triable issue of fact. (See People v. Palermo, 36 A D 2d 565.)

Concur — Hogan, P. J., Pittoni and Farley, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.