People ex rel. Fiannaca v. Hunt

Appellate Division of the Supreme Court of New York

People ex rel. Fiannaca v. Hunt

257 A.D. 910, 12 N.Y.S.2d 113, 1939 N.Y. App. Div. LEXIS 8356

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

DecidedMay 3, 1939

StatusPublished

Cited by4 cases

This text of 257 A.D. 910 (People ex rel. Fiannaca v. Hunt) 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.

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People ex rel. Fiannaca v. Hunt, 257 A.D. 910, 12 N.Y.S.2d 113, 1939 N.Y. App. Div. LEXIS 8356 (N.Y. Ct. App. 1939).

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Opinion

Order affirmed, without costs. Memorandum: The mandatory imposition of an additional term of imprisonment upon the defendant for being armed with a dangerous weapon after the defendant had pleaded guilty to the crime of attempt to commit robbery in the first degree by attempting to take personal property from the presence of its owner with three accomplices and the use of two revolvers as provided in section 1944 of the Penal Law as it existed in 1934 is not violative of section 6 of article 1 of the Constitution of the State of New York relating to double jeopardy. The provisions of section 1944 relate to punishment only. The matter of being armed is not by section 1944 made a part of the crime. (People v. Krennen, 264 N. Y. 108, 110.) The increased term of imprisonment is in this respect analogous to the increased penalty which is provided by section 1941 [911]*911of the Penal Law in relation to second offenders. Section 1941 has been definitely determined to be constitutional. (People v. Gowasky, 244 N. Y. 451.) All concur. (The order dismisses a writ of habeas corpus and remands relator into custody.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Dowling, JJ.

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Order affirmed, without costs. Memorandum: The mandatory imposition of an additional term of imprisonment upon the defendant for being armed with a dangerous weapon after the defendant had pleaded guilty to the crime of attempt to commit robbery in the first degree by attempting to take personal property from the presence of its owner with three accomplices and the use of two revolvers as provided in section 1944 of the Penal Law as it existed in 1934 is not violative of section 6 of article 1 of the Constitution of the State of New York relating to double jeopardy. The provisions of section 1944 relate to punishment only. The matter of being armed is not by section 1944 made a part of the crime. (People v. Krennen, 264 N. Y. 108, 110.) The increased term of imprisonment is in this respect analogous to the increased penalty which is provided by section 1941 [911]*911of the Penal Law in relation to second offenders. Section 1941 has been definitely determined to be constitutional. (People v. Gowasky, 244 N. Y. 451.) All concur. (The order dismisses a writ of habeas corpus and remands relator into custody.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Dowling, JJ.

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257 A.D. 910, 12 N.Y.S.2d 113, 1939 N.Y. App. Div. LEXIS 8356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-fiannaca-v-hunt-nyappdiv-1939.

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