Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. Angel Ayala, Appellant. Louis J. Lefkowitz, Attorney-General, Intervenor

35 A.D.2d 930·New York Supreme Court, Appellate Division·1970·NY

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Opinion

The People of the State of New York, Respondent, v. Angel Ayala, Appellant. Louis J. Lefkowitz, Attorney-General, Intervenor. [MAJORITY] Concur—Capozzoli, J. P., MeGivern, Nunez and McNally, JJ. Markewich, J., concurs in the following memorandum: While I concur in the result reached by the court, I feel that it must be noted specifically that the quoted pronouncement of Bios finds its basis solely in the excerpted sentence of section 208, and not by analogy to a criminal trial. Bios changes not one whit the holding of People v. Fuller (24 N Y 2d 292) that “various constitutional requirements applicable to criminal trials are not necessary here [p. 307] ” and “that the requisites of a criminal trial are not applicable to these proceedings [p. 304] ”.