People v. Holland

Appellate Division of the Supreme Court of New York

People v. Holland

279 A.D. 1098, 113 N.Y.S.2d 461, 1952 N.Y. App. Div. LEXIS 5970

Appellate Division of the Supreme Court of the State of New York·Decided May 26, 1952·Published·Cited by 1 cases

Opinion

In our opinion this was error. Appellant’s plea of guilty and consequent conviction in the Federal court did not necessarily establish that the act involved was in any way connected with prostitution or other commercialized vice proscribed by section 2460 of the Penal Law of this State. (Cf. Caminetti v. United States, 242 U. S. 470; Cleveland v. United States, 329 U. S. 14; People v. Draper, 169 App. Div. 479.) Appellant’s sentence as a second offender was, consequently, improper. (People v. Olah, 300 N. Y. 96; People v. Gailhard, 278 App. Div. 712.) Adel, J., concurs with Nolan, P. J.

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

In our opinion this was error. Appellant’s plea of guilty and consequent conviction in the Federal court did not necessarily establish that the act involved was in any way connected with prostitution or other commercialized vice proscribed by section 2460 of the Penal Law of this State. (Cf. Caminetti v. United States, 242 U. S. 470; Cleveland v. United States, 329 U. S. 14; People v. Draper, 169 App. Div. 479.) Appellant’s sentence as a second offender was, consequently, improper. (People v. Olah, 300 N. Y. 96; People v. Gailhard, 278 App. Div. 712.) Adel, J., concurs with Nolan, P. J.

People v. Holland, 279 A.D. 1098, 113 N.Y.S.2d 461, 1952 N.Y. App. Div. LEXIS 5970 (N.Y. Ct. App. 1952).

Pincite

279 A.D. 1098 (People v. Holland) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related