People ex rel. Corkum v. Wilson

Appellate Division of the Supreme Court of New York

People ex rel. Corkum v. Wilson

263 A.D. 1046, 33 N.Y.S.2d 682, 1942 N.Y. App. Div. LEXIS 7991

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

DecidedMarch 18, 1942

StatusPublished

This text of 263 A.D. 1046 (People ex rel. Corkum v. Wilson) 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

People ex rel. Corkum v. Wilson, 263 A.D. 1046, 33 N.Y.S.2d 682, 1942 N.Y. App. Div. LEXIS 7991 (N.Y. Ct. App. 1942).

Pincite

Opinion

Appeal from an order dismissing a writ of habeas corpus. Appellant was convicted [1047]*1047under one indictment of the crime of attempted rape, second degree, of assault, second degree, and endangering the life and health of a child. Upon the conviction for attempted rape he was given an indeterminate sentence of from two and a half to five years. On the other charges sentence was suspended. Appellant claims he should have been prosecuted for the carnal abuse of a child, under section 483-b of the Penal Law, which is only a misdemeanor unless the person charged has been previously convicted of a similar crime. Apparently appellant might have been prosecuted' either for attempted rape, second degree, or for the carnal abuse of a child. (Penal Law, § 1938.) The People were not obliged to choose the lesser offense. Order unanimously affirmed, without costs. Present —■ Hill, P. J., Crapser, Bliss, Heffernan and Foster, JJ.

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Appeal from an order dismissing a writ of habeas corpus. Appellant was convicted [1047]*1047under one indictment of the crime of attempted rape, second degree, of assault, second degree, and endangering the life and health of a child. Upon the conviction for attempted rape he was given an indeterminate sentence of from two and a half to five years. On the other charges sentence was suspended. Appellant claims he should have been prosecuted for the carnal abuse of a child, under section 483-b of the Penal Law, which is only a misdemeanor unless the person charged has been previously convicted of a similar crime. Apparently appellant might have been prosecuted' either for attempted rape, second degree, or for the carnal abuse of a child. (Penal Law, § 1938.) The People were not obliged to choose the lesser offense. Order unanimously affirmed, without costs. Present —■ Hill, P. J., Crapser, Bliss, Heffernan and Foster, JJ.

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Bluebook (online)

263 A.D. 1046, 33 N.Y.S.2d 682, 1942 N.Y. App. Div. LEXIS 7991, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-corkum-v-wilson-nyappdiv-1942.