People v. Duke

Appellate Division of the Supreme Court of New York

People v. Duke

258 A.D. 1034, 16 N.Y.S.2d 835, 1940 N.Y. App. Div. LEXIS 8714

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

DecidedJanuary 12, 1940

StatusPublished

This text of 258 A.D. 1034 (People v. Duke) 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. Duke, 258 A.D. 1034, 16 N.Y.S.2d 835, 1940 N.Y. App. Div. LEXIS 8714 (N.Y. Ct. App. 1940).

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Opinion

Order affirmed, without costs. Memorandum: Upon our review of the record we are of the opinion that on the undisputed facts the County Court of Erie county had jurisdiction to impose judgment upon appellant and that the sentence of not less than thirty years nor more than life was authorized by sec Jons 2125, 2189 and 2191 of the Penal Law, as those sections read at the time of appellant’s conviction in 1930. (See People ex rel. Hubert v. Kaiser, 150 App. Div. 541, 550; affd., 206 N. Y. 46; People v. Sobierajski, 224 App. Div. 227; People ex rel. Dearborn v. Jennings, 132 Misc. 196.) All concur. (The order denies defendant’s motion to vacate his sentence and for a resentenee.) Present — Crosby, P. J., Cunningham, Taylor and Dowling, JJ.

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Order affirmed, without costs. Memorandum: Upon our review of the record we are of the opinion that on the undisputed facts the County Court of Erie county had jurisdiction to impose judgment upon appellant and that the sentence of not less than thirty years nor more than life was authorized by sec Jons 2125, 2189 and 2191 of the Penal Law, as those sections read at the time of appellant’s conviction in 1930. (See People ex rel. Hubert v. Kaiser, 150 App. Div. 541, 550; affd., 206 N. Y. 46; People v. Sobierajski, 224 App. Div. 227; People ex rel. Dearborn v. Jennings, 132 Misc. 196.) All concur. (The order denies defendant’s motion to vacate his sentence and for a resentenee.) Present — Crosby, P. J., Cunningham, Taylor and Dowling, JJ.

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Bluebook (online)

258 A.D. 1034, 16 N.Y.S.2d 835, 1940 N.Y. App. Div. LEXIS 8714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-duke-nyappdiv-1940.

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