People ex rel. Terwilliger v. Brophy
This text of 256 A.D. 894 (People ex rel. Terwilliger 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
Order affirmed, without costs. Memorandum: Inasmuch as this defendant had been three times convicted of felonies within the terms of section 1942 of the Penal Law, his conviction of a felony subsequently committed constitutes a fourth conviction within the language of the section. We must, therefore, reject the contention of the relator, that each of the second and third previous convictions must be for crimes committed subsequent to the then last previous conviction, as beyond the terms of the statute. 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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Cite This Page — Counsel Stack
256 A.D. 894, 9 N.Y.S.2d 25, 1939 N.Y. App. Div. LEXIS 5279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-terwilliger-v-brophy-nyappdiv-1939.