People v. Bennett

Appellate Division of the Supreme Court of New York

People v. Bennett

26 A.D.2d 962, 1966 N.Y. App. Div. LEXIS 3076

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

DecidedNovember 18, 1966

StatusPublished

This text of 26 A.D.2d 962 (People v. Bennett) 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. Bennett, 26 A.D.2d 962, 1966 N.Y. App. Div. LEXIS 3076 (N.Y. Ct. App. 1966).

Pincite

Opinion

Motion for permission to proceed as a poor person granted. The appeal may be perfected upon one typewritten copy of the record and six typewritten copies of the brief and appendix. Peter A. Daniels, Esq., 89 Main Street, Binghamton, assigned to represent defendant upon this appeal, pursuant to section 722 of the County Law. Cross motion to dismiss appeal, from order denying motion to vacate judgment of conviction rendered in County Court of Broome County on Hovember 19, 1953, and sentence as a second felony offender imposed in such court on October 29, 1962, denied. We need not determine, on this motion, whether such application was properly made pursuant to section 1943 of the Penal Law (see People v. Machado, 17 N Y 2d 440; People v. Jones, 17 N Y 2d 404). The order, insofar as it denied defendant’s application to vacate the prior conviction, is appealable (Code Crim. Pro., § 517). Gibson, P. J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur.

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Motion for permission to proceed as a poor person granted. The appeal may be perfected upon one typewritten copy of the record and six typewritten copies of the brief and appendix. Peter A. Daniels, Esq., 89 Main Street, Binghamton, assigned to represent defendant upon this appeal, pursuant to section 722 of the County Law. Cross motion to dismiss appeal, from order denying motion to vacate judgment of conviction rendered in County Court of Broome County on Hovember 19, 1953, and sentence as a second felony offender imposed in such court on October 29, 1962, denied. We need not determine, on this motion, whether such application was properly made pursuant to section 1943 of the Penal Law (see People v. Machado, 17 N Y 2d 440; People v. Jones, 17 N Y 2d 404). The order, insofar as it denied defendant’s application to vacate the prior conviction, is appealable (Code Crim. Pro., § 517). Gibson, P. J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur.

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Bluebook (online)

26 A.D.2d 962, 1966 N.Y. App. Div. LEXIS 3076, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bennett-nyappdiv-1966.