People v. Carroll

Appellate Division of the Supreme Court of New York

People v. Carroll

16 A.D.2d 817, 228 N.Y.S.2d 758, 1962 N.Y. App. Div. LEXIS 9580

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

DecidedMay 21, 1962

StatusPublished

This text of 16 A.D.2d 817 (People v. Carroll) 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. Carroll, 16 A.D.2d 817, 228 N.Y.S.2d 758, 1962 N.Y. App. Div. LEXIS 9580 (N.Y. Ct. App. 1962).

Pincite

Opinion

In a coram nobis proceeding, defendant appeals from an order of the County Court, Nassau County, dated July 5, 1961, which denied, without a hearing, his application to vacate the sentence of said court on August 16,1960 upon his conviction, on a plea of guilty, of assault in the second degree; such sentence having been imposed upon him as a third felony offender. Order affirmed. Defendant contends that one of his prior convictions, namely, his conviction in New Jersey in 1939 for receiving stolen property, would not have been a felony in this State; hence, he was improperly sentenced on August 16, 1960 as a third felony offender. We find this contention to be untenable. Section 1308 of the Penal Law of this State, as it read on the date of defendant’s New Jersey conviction in 1939, did not distinguish between a felony and a misdemeanor as it presently does (L. 1943, ch. 180). Beldock, P. J., Ughetta, Kleinfeld, Christ and Hill, JJ., concur.

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In a coram nobis proceeding, defendant appeals from an order of the County Court, Nassau County, dated July 5, 1961, which denied, without a hearing, his application to vacate the sentence of said court on August 16,1960 upon his conviction, on a plea of guilty, of assault in the second degree; such sentence having been imposed upon him as a third felony offender. Order affirmed. Defendant contends that one of his prior convictions, namely, his conviction in New Jersey in 1939 for receiving stolen property, would not have been a felony in this State; hence, he was improperly sentenced on August 16, 1960 as a third felony offender. We find this contention to be untenable. Section 1308 of the Penal Law of this State, as it read on the date of defendant’s New Jersey conviction in 1939, did not distinguish between a felony and a misdemeanor as it presently does (L. 1943, ch. 180). Beldock, P. J., Ughetta, Kleinfeld, Christ and Hill, JJ., concur.

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Bluebook (online)

16 A.D.2d 817, 228 N.Y.S.2d 758, 1962 N.Y. App. Div. LEXIS 9580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-carroll-nyappdiv-1962.