People v. Cole

New York Court of Appeals

People v. Cole

35 N.E.2d 503, 285 N.Y. 838, 1941 N.Y. LEXIS 1805

DecidedMay 22, 1941

StatusPublished

This text of 35 N.E.2d 503 (People v. Cole) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Cole, 35 N.E.2d 503, 285 N.Y. 838, 1941 N.Y. LEXIS 1805 (N.Y. 1941).

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Opinion

Per Curiam.

Under section 1045-a of the Penal Law, the trial judge in a felony murder case, may or may not follow the recommendation of a jury that the defendant be sentenced to life imprisonment. When requested so to do the trial judge should charge the "jury that he is not bound by law to follow such a recommendation, if one should be made.

Judgment of conviction affirmed.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.

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Per Curiam.

Under section 1045-a of the Penal Law, the trial judge in a felony murder case, may or may not follow the recommendation of a jury that the defendant be sentenced to life imprisonment. When requested so to do the trial judge should charge the "jury that he is not bound by law to follow such a recommendation, if one should be made.

Judgment of conviction affirmed.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.

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Bluebook (online)

35 N.E.2d 503, 285 N.Y. 838, 1941 N.Y. LEXIS 1805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cole-ny-1941.