People v. Rush

Appellate Division of the Supreme Court of New York

People v. Rush

20 A.D.2d 588, 245 N.Y.S.2d 17, 1963 N.Y. App. Div. LEXIS 2672

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

DecidedDecember 19, 1963

StatusPublished

This text of 20 A.D.2d 588 (People v. Rush) 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. Rush, 20 A.D.2d 588, 245 N.Y.S.2d 17, 1963 N.Y. App. Div. LEXIS 2672 (N.Y. Ct. App. 1963).

Pincite

Opinion

The record, herein, reveals that at both sentencing and resentencing appellant was not advised of his right under section 1943 of the Penal Law to a jury trial on the issue of whether he was the person named in the information as having -been convicted of a prior felony. Further on resentencing it does not appear that the court asked the appellant if he was the person mentioned in the information. Judgment of conviction reversed, on the law, and the case remanded to the Tompkins County Court for compliance with section 1943 of the Penal Law. Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ., concur.

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The record, herein, reveals that at both sentencing and resentencing appellant was not advised of his right under section 1943 of the Penal Law to a jury trial on the issue of whether he was the person named in the information as having -been convicted of a prior felony. Further on resentencing it does not appear that the court asked the appellant if he was the person mentioned in the information. Judgment of conviction reversed, on the law, and the case remanded to the Tompkins County Court for compliance with section 1943 of the Penal Law. Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ., concur.

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Bluebook (online)

20 A.D.2d 588, 245 N.Y.S.2d 17, 1963 N.Y. App. Div. LEXIS 2672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rush-nyappdiv-1963.