People v. Schaming

Appellate Division of the Supreme Court of New York

People v. Schaming

14 A.D.2d 565, 218 N.Y.S.2d 228, 1961 N.Y. App. Div. LEXIS 9531

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

DecidedJuly 11, 1961

StatusPublished

This text of 14 A.D.2d 565 (People v. Schaming) 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. Schaming, 14 A.D.2d 565, 218 N.Y.S.2d 228, 1961 N.Y. App. Div. LEXIS 9531 (N.Y. Ct. App. 1961).

Pincite

Opinion

The record discloses: (1) that on August 6, 1953, the defendant, upon his plea of guilty during a trial which had been in progress for seven days, was convicted of robbery in the first degree and sentenced to serve a term of 15 to 40 years, such sentence including a term of 5 to 10 years for the use of a stolen vehicle in the commission of the robbery; (2) that in November, 1954, in support of defendant’s motion to dispense with printing, the sole point urged by him and his counsel was the claimed excessiveness of the sentence; (3) that such motion was denied; (4) that in October, 1956, in opposition to the People’s motion to dismiss the appeal for lack of prosecution, defendant’s counsel again urged that the sole ground for the appeal is the alleged exeessiveness of the sentence; and (5) that such motion to dismiss was granted by order dated November 13, 1956. Defendant now moves to vacate such order of dismissal and for other relief. Under all the circumstances, and in view of defendant’s inordinate delay of more than four years in the making of this motion, it is denied. Beldock, Acting P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.

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The record discloses: (1) that on August 6, 1953, the defendant, upon his plea of guilty during a trial which had been in progress for seven days, was convicted of robbery in the first degree and sentenced to serve a term of 15 to 40 years, such sentence including a term of 5 to 10 years for the use of a stolen vehicle in the commission of the robbery; (2) that in November, 1954, in support of defendant’s motion to dispense with printing, the sole point urged by him and his counsel was the claimed excessiveness of the sentence; (3) that such motion was denied; (4) that in October, 1956, in opposition to the People’s motion to dismiss the appeal for lack of prosecution, defendant’s counsel again urged that the sole ground for the appeal is the alleged exeessiveness of the sentence; and (5) that such motion to dismiss was granted by order dated November 13, 1956. Defendant now moves to vacate such order of dismissal and for other relief. Under all the circumstances, and in view of defendant’s inordinate delay of more than four years in the making of this motion, it is denied. Beldock, Acting P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.

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Bluebook (online)

14 A.D.2d 565, 218 N.Y.S.2d 228, 1961 N.Y. App. Div. LEXIS 9531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-schaming-nyappdiv-1961.