People ex rel. Parker v. Fay

Appellate Division of the Supreme Court of New York

People ex rel. Parker v. Fay

18 A.D.2d 923, 238 N.Y.S.2d 281, 1963 N.Y. App. Div. LEXIS 4411

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

DecidedFebruary 11, 1963

StatusPublished

This text of 18 A.D.2d 923 (People ex rel. Parker v. Fay) 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. Parker v. Fay, 18 A.D.2d 923, 238 N.Y.S.2d 281, 1963 N.Y. App. Div. LEXIS 4411 (N.Y. Ct. App. 1963).

Pincite

Opinion

In a habeas corpus proceeding, relator appeals from an order of the Supreme Court, Dutchess County, dated July 25, 1962, which dismissed the writ after a hearing and remanded him to the custody of respondent. Order affirmed. In our opinion the plea of guilty under the circumstances herein constituted a plea to the first count of the indictment. This count charged that defendant on March 28, 1944, in the County of Kings, with intent to kill, assaulted Joseph Foster by aiming and discharging a loaded revolver at him. It was therefore proper for the sentencing court to inquire whether defendant was armed, in order to determine the question of increased punishment and to impose such punishment under section 1944 of the Penal Law. Beldock, P. J., Kleinfeld, Christ, Brennan and Rabin, JJ., concur.

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In a habeas corpus proceeding, relator appeals from an order of the Supreme Court, Dutchess County, dated July 25, 1962, which dismissed the writ after a hearing and remanded him to the custody of respondent. Order affirmed. In our opinion the plea of guilty under the circumstances herein constituted a plea to the first count of the indictment. This count charged that defendant on March 28, 1944, in the County of Kings, with intent to kill, assaulted Joseph Foster by aiming and discharging a loaded revolver at him. It was therefore proper for the sentencing court to inquire whether defendant was armed, in order to determine the question of increased punishment and to impose such punishment under section 1944 of the Penal Law. Beldock, P. J., Kleinfeld, Christ, Brennan and Rabin, JJ., concur.

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Bluebook (online)

18 A.D.2d 923, 238 N.Y.S.2d 281, 1963 N.Y. App. Div. LEXIS 4411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-parker-v-fay-nyappdiv-1963.