People v. Jackson

Appellate Division of the Supreme Court of New York

People v. Jackson

25 A.D.2d 481, 266 N.Y.S.2d 778, 1966 N.Y. App. Div. LEXIS 5210

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

DecidedJanuary 13, 1966

StatusPublished

This text of 25 A.D.2d 481 (People v. Jackson) 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. Jackson, 25 A.D.2d 481, 266 N.Y.S.2d 778, 1966 N.Y. App. Div. LEXIS 5210 (N.Y. Ct. App. 1966).

Pincite

Opinion

Appeal unanimously dismissed. Memorandum: The

only matter which defendant seeks to review under the notice of appeal is the finding of guilt on February 3, 1954 and the original sentence thereon. He now wants to review the record of his trial in the same manner as though he had taken an appeal from the original judgment of conviction within the proper time. This he may not do after a resentenee. According to the very language of the notice of appeal the question of the validity of the resentenee is not raised. The defendant seeks to use the resentenee as a vehicle to appeal from the original judgment of conviction. No such appeal now lies. (Appeal from judgment of Herkimer County Court convicting defendant of burglary, third degree, on February 3, 1954.

Present — Williams, P. J., Bastow, Goldman, Henry and Del Yeechio, JJ.

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Appeal unanimously dismissed. Memorandum: The

only matter which defendant seeks to review under the notice of appeal is the finding of guilt on February 3, 1954 and the original sentence thereon. He now wants to review the record of his trial in the same manner as though he had taken an appeal from the original judgment of conviction within the proper time. This he may not do after a resentenee. According to the very language of the notice of appeal the question of the validity of the resentenee is not raised. The defendant seeks to use the resentenee as a vehicle to appeal from the original judgment of conviction. No such appeal now lies. (Appeal from judgment of Herkimer County Court convicting defendant of burglary, third degree, on February 3, 1954.

Present — Williams, P. J., Bastow, Goldman, Henry and Del Yeechio, JJ.

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Bluebook (online)

25 A.D.2d 481, 266 N.Y.S.2d 778, 1966 N.Y. App. Div. LEXIS 5210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jackson-nyappdiv-1966.