People v. Carpenteur

Appellate Division of the Supreme Court of New York

People v. Carpenteur

28 A.D.2d 561, 280 N.Y.S.2d 203, 1967 N.Y. App. Div. LEXIS 4091

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

DecidedMay 22, 1967

StatusPublished

This text of 28 A.D.2d 561 (People v. Carpenteur) 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. Carpenteur, 28 A.D.2d 561, 280 N.Y.S.2d 203, 1967 N.Y. App. Div. LEXIS 4091 (N.Y. Ct. App. 1967).

Pincite

Opinion

[562]*562Bcldoek, P. J., Ughetta, Rabin and Munder, JJ., concur; Benjamin, J. dissents and votes to reverse the order and to remit the proceeding to the Criminal Term (1) for a hearing on the issues of (a) whether the 1951 judgment of conviction in the California court constitutes a prior felony conviction upon which to predicate a finding in this State that defendant is to be sentenced here as a second felony offender and (b) whether the California judgment was in fact set aside as the result of a proceeding under section 1772 of the California Welfare and Institutions Code; and (2) for a determination thereon de novo.

Free access — add to your briefcase to read the full text and ask questions with AI

[562]*562Bcldoek, P. J., Ughetta, Rabin and Munder, JJ., concur; Benjamin, J. dissents and votes to reverse the order and to remit the proceeding to the Criminal Term (1) for a hearing on the issues of (a) whether the 1951 judgment of conviction in the California court constitutes a prior felony conviction upon which to predicate a finding in this State that defendant is to be sentenced here as a second felony offender and (b) whether the California judgment was in fact set aside as the result of a proceeding under section 1772 of the California Welfare and Institutions Code; and (2) for a determination thereon de novo.

Cite This Page — Counsel Stack

Bluebook (online)

28 A.D.2d 561, 280 N.Y.S.2d 203, 1967 N.Y. App. Div. LEXIS 4091, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-carpenteur-nyappdiv-1967.