# People v. Crimmins

> New York Court of Appeals · December 22, 1975 · 38 N.Y.2d 407

URL: https://www.frixlaw.com/law-library/cases/5530173

## Case

- **Full name:** The People of the State of New York v. Alice Crimmins
- **Court:** New York Court of Appeals
- **Decided:** December 22, 1975
- **Citations:** 38 N.Y.2d 407; 381 N.Y.S.2d 1; 343 N.E.2d 719; 1975 N.Y. LEXIS 2361
- **Precedential status:** Published
- **Opinion:** Concurrence by Cooke
- **Judges:** Breitel, Cooke, Fuchsberg
- **Cited by:** 80 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled in part by The People v. Clifford Jones, 24 N.Y.3d 623 (2014).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5530173

## Opinion text

Cooke, J.
(concurring). While I concur in the majority opinion affirming the. Appellate Division’s order, which affirmed an order of the Supreme Court, Queens County, denying defendant’s motion to vacate a judgment of conviction and for a new trial upon the ground of newly discovered evidence, I do not retreat in any respect, except for the due regard which must be accorded a prevailing opinion, from the position taken and the dissent which I authored and in which I urged affirmance of an earlier order of the Appellate Division which reversed the judgment of conviction as to the manslaughter count, on the law, and granted a new trial on that count (see People v Crimmins, 36 NY2d 230 , 243 et seq.). The issues on this appeal and that one are not the same. Here, even if it were reviewable, it cannot be said as a matter of law that the court, in denying the application to vacate the judgment based on newly discovered evidence, abused its discretion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5530173. Public record. Not legal advice.