People ex rel. Glaser v. Brophy
This text of 239 A.D. 756 (People ex rel. Glaser 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.
Opinion
There is no error in principle in applying the provisions of section 1944 of the Penal Law in respect to increase of punishment for committing a felony while armed with a dangerous weapon as therein specified to the case of a conviction for murder in the second degree. (People v. Paradiso, 248 N. Y. 123.) On the record before us we cannot say that there was no proof before the court at the time of pronouncing the sentence upon which to found an application of section 1944. The minutes of the trial and of the proceedings upon sentence are not included in the record. (People v. Caruso, 249 N. Y. 302, 306.) All concur. Order affirmed.
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239 A.D. 756, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-glaser-v-brophy-nyappdiv-1933.