People v. Kaganovitch

Appellate Division of the Supreme Court of New York

People v. Kaganovitch

1 A.D.2d 680, 146 N.Y.S.2d 565, 1955 N.Y. App. Div. LEXIS 3918

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

DecidedDecember 12, 1955

StatusPublished

This text of 1 A.D.2d 680 (People v. Kaganovitch) 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. Kaganovitch, 1 A.D.2d 680, 146 N.Y.S.2d 565, 1955 N.Y. App. Div. LEXIS 3918 (N.Y. Ct. App. 1955).

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Opinion

Appeal from a judgment of the County Court, Kings County, convicting appellant of assault in the second degree with intent to commit sodomy, and sentencing him to imprisonment in the Sing Sing State Prison at hard labor for an indeterminate term of from one day to life. Judgment unanimously affirmed. The sentence prescribed by section 243 of the Penal Law is not “ cruel and unusual ” punishment within the meaning of section 5 of article I of the New York State Constitution. Neither is that statute inconsistent with the provisions of subdivision 3 of section 214 of the Correction Law. Present — Nolan, P. J., Wenzel, MaeCrate, Schmidt and Ughetta, JJ.

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Appeal from a judgment of the County Court, Kings County, convicting appellant of assault in the second degree with intent to commit sodomy, and sentencing him to imprisonment in the Sing Sing State Prison at hard labor for an indeterminate term of from one day to life. Judgment unanimously affirmed. The sentence prescribed by section 243 of the Penal Law is not “ cruel and unusual ” punishment within the meaning of section 5 of article I of the New York State Constitution. Neither is that statute inconsistent with the provisions of subdivision 3 of section 214 of the Correction Law. Present — Nolan, P. J., Wenzel, MaeCrate, Schmidt and Ughetta, JJ.

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Bluebook (online)

1 A.D.2d 680, 146 N.Y.S.2d 565, 1955 N.Y. App. Div. LEXIS 3918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kaganovitch-nyappdiv-1955.