People v. Kaufman

Appellate Division of the Supreme Court of New York

People v. Kaufman

224 A.D. 653

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1928·Published·Cited by 1 cases

Opinion

Judgment of conviction of the County Court of Kings county modified by strildng therefrom the words “ and Ten (10) years additional pursuant to Section 1944 of the Penal Law,” and as so modified unanimously affirmed. Defendant was not amenable to section 1944 of the Penal Law, in the absence of proof or a concession that he was in possession of a gun. (People v. Kevlon, 221 App. Div. 224; People v. Napaletano, 222 id. 774; People v. Paradiso, Id. 830.) The modification of the sentence herein is for error of law only. Present — Lazansky, P. J., Rich, Young, Seeger and Seudder, JJ.

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Judgment of conviction of the County Court of Kings county modified by strildng therefrom the words “ and Ten (10) years additional pursuant to Section 1944 of the Penal Law,” and as so modified unanimously affirmed. Defendant was not amenable to section 1944 of the Penal Law, in the absence of proof or a concession that he was in possession of a gun. (People v. Kevlon, 221 App. Div. 224; People v. Napaletano, 222 id. 774; People v. Paradiso, Id. 830.) The modification of the sentence herein is for error of law only. Present — Lazansky, P. J., Rich, Young, Seeger and Seudder, JJ.

People v. Kaufman, 224 A.D. 653 (N.Y. Ct. App. 1928).

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Opinion

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