People v. Fisher

Appellate Division of the Supreme Court of New York

People v. Fisher

2 A.D.2d 632, 151 N.Y.S.2d 717, 1956 N.Y. App. Div. LEXIS 5489

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

DecidedMay 10, 1956

StatusPublished

This text of 2 A.D.2d 632 (People v. Fisher) 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. Fisher, 2 A.D.2d 632, 151 N.Y.S.2d 717, 1956 N.Y. App. Div. LEXIS 5489 (N.Y. Ct. App. 1956).

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Opinion

Appeal from a judgment of conviction in County Court, Madison County. Appellant was sentenced as a second felony offender to a term of from 20 to 35 years for robbery, first degree. The crime upon which the court based its determination that defendant was a second felony offender is described in the judgment of conviction thereof in the United States District Court as “ theft of mail ” in violation of section 1702 of title 18 of the U. S. Code. It has not been established that this offense is a felony under the law of New York. (People v. Gutterson, 244 N. Y. 243; People v. Huber, 194 Misc. 586, 587.) The People’s brief concedes with frankness that “ this crime is probably not a felony under the laws of the State of New York”. Judgment reversed, on the law and facts, and appellant remanded to the County Court of Madison County for resentence as a first offender. Foster, P. J., Bergan, Coon, Halpern and Zeller, JJ., concur.

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Appeal from a judgment of conviction in County Court, Madison County. Appellant was sentenced as a second felony offender to a term of from 20 to 35 years for robbery, first degree. The crime upon which the court based its determination that defendant was a second felony offender is described in the judgment of conviction thereof in the United States District Court as “ theft of mail ” in violation of section 1702 of title 18 of the U. S. Code. It has not been established that this offense is a felony under the law of New York. (People v. Gutterson, 244 N. Y. 243; People v. Huber, 194 Misc. 586, 587.) The People’s brief concedes with frankness that “ this crime is probably not a felony under the laws of the State of New York”. Judgment reversed, on the law and facts, and appellant remanded to the County Court of Madison County for resentence as a first offender. Foster, P. J., Bergan, Coon, Halpern and Zeller, JJ., concur.

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Bluebook (online)

2 A.D.2d 632, 151 N.Y.S.2d 717, 1956 N.Y. App. Div. LEXIS 5489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fisher-nyappdiv-1956.

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