New York Court of Appeals, 1943

People v. Elling

New York Court of Appeals · Decided January 14, 1943 · <italic>Per Curiam.</italic>

46 N.E.2d 501; 289 N.Y. 419; 1943 N.Y. LEXIS 1164 (North Eastern Reporter, Second Series)

Cases that cite this one

5 later published cases cite this decision.

Williams v. Mantello (District Court, W.D. New York 2005)
People v. Lewis (New York Supreme Court 1981)
People v. Truesdell (Appellate Division of the Supreme Court of New York 1986)
People v. Dekle (Appellate Division of the Supreme Court of New York 1981)
People v. Bender (Appellate Division of the Supreme Court of New York 1958)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

The unquestioned evidence is that the defendant Elling shot Skaritza for a reason personal to Elling and unrelated to the robbery and that the defendant Bender tried to prevent the act.

As to the defendant Bender the judgment, so far as appealed from, should be reversed and the second count of the indictment dismissed.

As to the defendant Elling, the judgment of conviction should be affirmed.

Lehman, Ch. J., Loughban, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur.

Judgment accordingly.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.