Peopl ex rel. Marks v. Brophy

Appellate Division of the Supreme Court of New York

Peopl ex rel. Marks v. Brophy

267 A.D. 933, 47 N.Y.S.2d 67, 1944 N.Y. App. Div. LEXIS 5573

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 1944

StatusPublished

This text of 267 A.D. 933 (Peopl ex rel. Marks v. Brophy) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Peopl ex rel. Marks v. Brophy, 267 A.D. 933, 47 N.Y.S.2d 67, 1944 N.Y. App. Div. LEXIS 5573 (N.Y. Ct. App. 1944).

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Opinion

— -Relator has appealed from an order of the Albany Special Term of the Supreme Court dismissing a writ of habeas corpus. He was convicted of forgery, second degree, as a third offense, on December 12, 1930, and was given a definite sentence of ten years. He was paroled on August 26, 1935. During the month of March, 1939, at a term of the United States District Court of Tennessee he was indicted on two counts for violating sections 338 and 88 of title 18 of the United States Code (U. S. Criminal Code, §§ 215, 37). The gravamen of the crimes charged was forgery, alleged to have been committed in the State of New York and transmitted by letter through the United States mail. On May 5, 1939, relator pleaded guilty to both counts and was sentenced to two years on each count, the time to run concurrently. In addition, he was' fined $750 on each count. His sole contention on this appeal is that the crimes to which he pleaded guilty are not felonies under the laws of the State of New York. Decision affirmed on the authority of People v. Fury (279 N. Y. 433). All concur. [See post, p. 1010.]

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— -Relator has appealed from an order of the Albany Special Term of the Supreme Court dismissing a writ of habeas corpus. He was convicted of forgery, second degree, as a third offense, on December 12, 1930, and was given a definite sentence of ten years. He was paroled on August 26, 1935. During the month of March, 1939, at a term of the United States District Court of Tennessee he was indicted on two counts for violating sections 338 and 88 of title 18 of the United States Code (U. S. Criminal Code, §§ 215, 37). The gravamen of the crimes charged was forgery, alleged to have been committed in the State of New York and transmitted by letter through the United States mail. On May 5, 1939, relator pleaded guilty to both counts and was sentenced to two years on each count, the time to run concurrently. In addition, he was' fined $750 on each count. His sole contention on this appeal is that the crimes to which he pleaded guilty are not felonies under the laws of the State of New York. Decision affirmed on the authority of People v. Fury (279 N. Y. 433). All concur. [See post, p. 1010.]

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Bluebook (online)

267 A.D. 933, 47 N.Y.S.2d 67, 1944 N.Y. App. Div. LEXIS 5573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peopl-ex-rel-marks-v-brophy-nyappdiv-1944.

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