People v. Askew

Appellate Division of the Supreme Court of New York

People v. Askew

3 A.D.2d 984, 162 N.Y.S.2d 644, 1957 N.Y. App. Div. LEXIS 5325

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

DecidedMay 24, 1957

StatusPublished

This text of 3 A.D.2d 984 (People v. Askew) 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 v. Askew, 3 A.D.2d 984, 162 N.Y.S.2d 644, 1957 N.Y. App. Div. LEXIS 5325 (N.Y. Ct. App. 1957).

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Opinion

Appeal dismissed. Memorandum: After the jury returned a verdict of guilty of attempted burglary in [985]*985the third degree, defendant was sent to Elmira Reception Center for “ classification and confinement.” This does not constitute a “sentence.” (People ex rel. Johnson v. Martin, 283 App. Div. 478, affd. 307 N. Y. 713.) This being so, there is no proper judgment of conviction against this defendant and, therefore, no appeal lies to this court. This appeal must be dismissed. We obviously may not pass upon the merits of this appeal. That can only be done after a proper judgment of conviction and a new appeal, if taken. All concur. (Appeal from a judgment of Erie County Court convicting defendant of the crime of attempted burglary, third degree.) Present — MeCurn, P. J., Vaughan, Kimball, Williams and Bastow, JJ.

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Appeal dismissed. Memorandum: After the jury returned a verdict of guilty of attempted burglary in [985]*985the third degree, defendant was sent to Elmira Reception Center for “ classification and confinement.” This does not constitute a “sentence.” (People ex rel. Johnson v. Martin, 283 App. Div. 478, affd. 307 N. Y. 713.) This being so, there is no proper judgment of conviction against this defendant and, therefore, no appeal lies to this court. This appeal must be dismissed. We obviously may not pass upon the merits of this appeal. That can only be done after a proper judgment of conviction and a new appeal, if taken. All concur. (Appeal from a judgment of Erie County Court convicting defendant of the crime of attempted burglary, third degree.) Present — MeCurn, P. J., Vaughan, Kimball, Williams and Bastow, JJ.

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Bluebook (online)

3 A.D.2d 984, 162 N.Y.S.2d 644, 1957 N.Y. App. Div. LEXIS 5325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-askew-nyappdiv-1957.

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