People v. Diaz

Appellate Division of the Supreme Court of New York

People v. Diaz

34 A.D.2d 815, 311 N.Y.S.2d 997, 1970 N.Y. App. Div. LEXIS 4836

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

DecidedMay 18, 1970

StatusPublished

This text of 34 A.D.2d 815 (People v. Diaz) 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. Diaz, 34 A.D.2d 815, 311 N.Y.S.2d 997, 1970 N.Y. App. Div. LEXIS 4836 (N.Y. Ct. App. 1970).

Pincite

Opinion

In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, dated March 8, 1968, which denied the application without a hearing. Order affirmed. Appellant contends that his judgment of conviction for attempted grand larceny in the second degree was not a final, appealable judgment and could not serve as the predicate for second felony offender treatment. This argument is based upon the fact that appellant was sentenced to an indefinite term in the New York City Penitentiary pursuant to the then applicable subdivision (b) of section 203 of the Correction Law (L. 1939, ch. 661, § 1). We find no merit to this argument. Christ, P. J., Rabin, Hopkins and Munder, JJ., concur. (Beldock, P. J., deceased.)

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In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, dated March 8, 1968, which denied the application without a hearing. Order affirmed. Appellant contends that his judgment of conviction for attempted grand larceny in the second degree was not a final, appealable judgment and could not serve as the predicate for second felony offender treatment. This argument is based upon the fact that appellant was sentenced to an indefinite term in the New York City Penitentiary pursuant to the then applicable subdivision (b) of section 203 of the Correction Law (L. 1939, ch. 661, § 1). We find no merit to this argument. Christ, P. J., Rabin, Hopkins and Munder, JJ., concur. (Beldock, P. J., deceased.)

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Bluebook (online)

34 A.D.2d 815, 311 N.Y.S.2d 997, 1970 N.Y. App. Div. LEXIS 4836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-diaz-nyappdiv-1970.