New York Court of Appeals, 1978

People v. Rivera

People v. Rivera
New York Court of Appeals · Decided November 28, 1978
45 N.Y.2d 989; 385 N.E.2d 1073; 413 N.Y.S.2d 146; 1978 N.Y. LEXIS 2402
People v. Rivera

Cases that cite this one

30 later published cases cite this decision. The 25 that cite it most often are listed here.

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Opinion of the Court

OPINION OF THE COURT

Order affirmed on the opinion by Mr. Justice Samuel J. Silverman at the Appellate Division (58 AD2d 147), except to *991note that the averments in the attorney’s affidavit are more properly admissible under the rule governing "informal judicial admissions” described in section 217 of Richardson on Evidence (10th ed) rather than the rule governing "formal judicial admissions” described by Richardson in section 216 of his treatise. Informal judicial admissions, as distinguished from formal judicial admissions, are not conclusive on the defendant in the litigation.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.

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