People v. Evans

Appellate Division of the Supreme Court of New York

People v. Evans

20 A.D.2d 671, 246 N.Y.S.2d 953, 1964 N.Y. App. Div. LEXIS 4510

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

DecidedJanuary 27, 1964

StatusPublished

Cited by2 cases

This text of 20 A.D.2d 671 (People v. Evans) 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. Evans, 20 A.D.2d 671, 246 N.Y.S.2d 953, 1964 N.Y. App. Div. LEXIS 4510 (N.Y. Ct. App. 1964).

Pincite

Opinion

In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Queens County, entered March 5, 1963, which denied without a hearing his application to vacate a judgment of the former County Court, Queens County, rendered March 7, 1956 after a jury trial, convicting him of carrying a dangerous weapon as a felony, and imposing sentence upon Mm as a second felony offender. Order affirmed. It is conceded that defendant was convicted of aggravated assault and battery in Pennsylvania on January 29, 1954. The Pennsylvania statute defining that crime is substantially, if not exactly, the same as the statute in this State defining the crime of assault in the second degree (Penal Law, § 242, subd. 3). Regardless of the fact that the Pennsylvania statute has labeled the crime a misdemeanor, since the crime if committed in this State would be a felony, the defendant was properly sentenced as a second felony offender (People ex reí. Munos V. Morhous, 268 App. Div. 1013; People v. Daiboch, 265 N. Y. 125; People ex rel. Evans v. Denno, 13 Mise 2d 177). Beldoek, P. J., Ughetta, Kleinfeld, Hill and Hopkins, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Queens County, entered March 5, 1963, which denied without a hearing his application to vacate a judgment of the former County Court, Queens County, rendered March 7, 1956 after a jury trial, convicting him of carrying a dangerous weapon as a felony, and imposing sentence upon Mm as a second felony offender. Order affirmed. It is conceded that defendant was convicted of aggravated assault and battery in Pennsylvania on January 29, 1954. The Pennsylvania statute defining that crime is substantially, if not exactly, the same as the statute in this State defining the crime of assault in the second degree (Penal Law, § 242, subd. 3). Regardless of the fact that the Pennsylvania statute has labeled the crime a misdemeanor, since the crime if committed in this State would be a felony, the defendant was properly sentenced as a second felony offender (People ex reí. Munos V. Morhous, 268 App. Div. 1013; People v. Daiboch, 265 N. Y. 125; People ex rel. Evans v. Denno, 13 Mise 2d 177). Beldoek, P. J., Ughetta, Kleinfeld, Hill and Hopkins, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

20 A.D.2d 671, 246 N.Y.S.2d 953, 1964 N.Y. App. Div. LEXIS 4510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-evans-nyappdiv-1964.

Opinion

Related

Cite This Page — Counsel Stack