People v. Colletti — 31 N.Y. St. Rep. 255

Majority

p. 255

The People, Resp’ts, v. Stephen Colletti, App’lt.

Supreme Court, General Term, First Department,

Filed March 28, 1890.)

Headnote

Appeal—Record prom another court should be certified.

Where the record on appeal from another court is not certified, and contains proceedings as to which there is a dispute, the court will refuse to hear the appeal until the record is certified, and for that purpose it will he stricken from the calendar.

Appeal from judgment entered in court of general sessions upon the verdict of a jury, convicting defendant of a felony in carrying a concealed weapon.

LeBarbier & Brewster, for app’lt ;■ John B. Fellows and McKenzie Semple, for resp’ts.

The printed papers in this case contain certain exceptions alleged to have been taken to the learned referee’s charge upon the trial of this case. The district attorney insists that these exceptions should not be considered, as they formed no part of the record. Such record not being certified, it is impossible for this court to determine as to what papers should be included in it or not.

The case coming from another court, the record must be certified before the appeal can be considered, so that the court will not have before it in the printed case submitted upon the appeal proceedings in reference to which there is a dispute.

The appeal is stricken from the calendar in order that the appellant may procure a properly certified copy of the record.

Yah Brunt, P. J., Brady and Daniels, JJ., concur.