People v. Davis
This text of 28 N.Y. Crim. 421 (People v. Davis) 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.
Opinion
In this case sentence was suspended by the court, and no judgment was ever rendered. Thereafter, and on June 24, 1912, a notice of appeal to this court was served. As the sentence was suspended there was no judgment of conviction, and it was held in People v. Flaherty, 126 App. Div. 65, 22 N. Y. Crim. 372, 110 N. Y. Supp. 699, and People v. Markham, 114 App. Div. 387, 20 N. Y. Crim. 278, 99 N. Y. Supp. 1092, that there could be no appeal from a conviction in the absence of a judgment.-
The motion is therefore granted, and the appeal dismissed.
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Cite This Page — Counsel Stack
28 N.Y. Crim. 421, 139 N.Y.S. 643, 152 A.D. 884, 1912 N.Y. App. Div. LEXIS 11886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-davis-nyappdiv-1912.