People v. Johnson

New York Court of Appeals

People v. Johnson

179 N.E.2d 517, 10 N.Y.2d 901

DecidedNovember 16, 1961

StatusPublished

This text of 179 N.E.2d 517 (People v. Johnson) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Johnson, 179 N.E.2d 517, 10 N.Y.2d 901 (N.Y. 1961).

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Opinion

Judgment affirmed, Although the resentencing procedure followed may have been erroneous, it is clear that the Federal crime of which appellant had been convicted would have been a felony under our State statutes if committed in New York; consequently, appellant has not been prejudiced and the judgment appealed from should be affirmed. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.

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Judgment affirmed, Although the resentencing procedure followed may have been erroneous, it is clear that the Federal crime of which appellant had been convicted would have been a felony under our State statutes if committed in New York; consequently, appellant has not been prejudiced and the judgment appealed from should be affirmed. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.

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Bluebook (online)

179 N.E.2d 517, 10 N.Y.2d 901, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-johnson-ny-1961.