People v. John

Appellate Division of the Supreme Court of New York

People v. John

12 A.D.2d 479, 209 N.Y.S.2d 270, 1960 N.Y. App. Div. LEXIS 6900

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

DecidedNovember 29, 1960

StatusPublished

This text of 12 A.D.2d 479 (People v. John) 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. John, 12 A.D.2d 479, 209 N.Y.S.2d 270, 1960 N.Y. App. Div. LEXIS 6900 (N.Y. Ct. App. 1960).

Pincite

Opinion

Judgment of conviction affirmed. Concur — Botein, P. J., Breitel and Rabin, JJ.; McNally and Stevens, JJ., dissent with memoranda. McNally, J. (dissenting). In the light of the extent of the punishment provided for habitual [480]*480offenders by chapter 549 of the Laws of 1960 adding section 998 to the Penal Law, effective September 1, 1960, I vote to modify the judgment of conviction by reducing the sentence to the time already served on the ground that the sentence is excessive, and to affirm the judgment as so modified. Stevens, J. (dissenting). I dissent and vote to reverse and dismiss the information on the ground of insufficiency of proof.

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

Judgment of conviction affirmed. Concur — Botein, P. J., Breitel and Rabin, JJ.; McNally and Stevens, JJ., dissent with memoranda. McNally, J. (dissenting). In the light of the extent of the punishment provided for habitual [480]*480offenders by chapter 549 of the Laws of 1960 adding section 998 to the Penal Law, effective September 1, 1960, I vote to modify the judgment of conviction by reducing the sentence to the time already served on the ground that the sentence is excessive, and to affirm the judgment as so modified. Stevens, J. (dissenting). I dissent and vote to reverse and dismiss the information on the ground of insufficiency of proof.

Cite This Page — Counsel Stack

Bluebook (online)

12 A.D.2d 479, 209 N.Y.S.2d 270, 1960 N.Y. App. Div. LEXIS 6900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-john-nyappdiv-1960.