New York Court of Appeals, 1965

People v. Strick

New York Court of Appeals · Decided January 7, 1965

15 N.Y.2d 692; 204 N.E.2d 335; 256 N.Y.S.2d 137; 1965 N.Y. LEXIS 1691

Cases that cite this one

4 later published cases cite this decision.

People v. Mallette (Appellate Division of the Supreme Court of New York 1977)
People v. Gentile (Appellate Division of the Supreme Court of New York 1983)
Torres v. Justices of Supreme Court (Appellate Division of the Supreme Court of New York 1981)
Texidor v. Barlow (Appellate Division of the Supreme Court of New York 1979)

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

*694 Judgment affirmed in a memorandum. Since defendant was on trial for a misdemeanor, his absence from the courtroom could not have been in and of itself basis for declaring a mistrial (Code Crim. Pro., § 356) but, under the peculiar circumstances of this case, in which identification of defendant was critical and his absence from the courtroom may well have been contrived for purposes of appeal, the Trial Judge was privileged, in the exercise of sound discretion, to grant a mistrial over the objection of defense counsel.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorbis, Burke, Scileppi and Bergan.

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