People v. Cassell

Appellate Division of the Supreme Court of New York

People v. Cassell

6 A.D.2d 799, 175 N.Y.S.2d 570, 1958 N.Y. App. Div. LEXIS 5681

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

DecidedJune 2, 1958

StatusPublished

This text of 6 A.D.2d 799 (People v. Cassell) 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. Cassell, 6 A.D.2d 799, 175 N.Y.S.2d 570, 1958 N.Y. App. Div. LEXIS 5681 (N.Y. Ct. App. 1958).

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Opinion

Appeal from an order of the County Court, Bangs County, denying an application (described in the record as one in the nature of a writ of error coram nobis) to set aside a judgment of said court rendered, after trial, on or about March 31, 1952. The judgment convicted appellant of attempted burglary in the third degree and possession of burglar’s instruments, as a felony, and sentenced him, as a third felony offender, to separate and consecutive terms of imprisonment on each count. Appellant contended that the two crimes for which he was so sentenced, while constituting criminal acts punishable in different ways by different provisions of law, could not be punished under more than one of such provisions (Penal Law, § 1938). Order unanimously affirmed. No opinion. Present — Nolan, P. J., Wenzel, Beldoek, Ughetta and Hallinan, JJ.

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Appeal from an order of the County Court, Bangs County, denying an application (described in the record as one in the nature of a writ of error coram nobis) to set aside a judgment of said court rendered, after trial, on or about March 31, 1952. The judgment convicted appellant of attempted burglary in the third degree and possession of burglar’s instruments, as a felony, and sentenced him, as a third felony offender, to separate and consecutive terms of imprisonment on each count. Appellant contended that the two crimes for which he was so sentenced, while constituting criminal acts punishable in different ways by different provisions of law, could not be punished under more than one of such provisions (Penal Law, § 1938). Order unanimously affirmed. No opinion. Present — Nolan, P. J., Wenzel, Beldoek, Ughetta and Hallinan, JJ.

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Bluebook (online)

6 A.D.2d 799, 175 N.Y.S.2d 570, 1958 N.Y. App. Div. LEXIS 5681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cassell-nyappdiv-1958.