People v. Schwartz

Appellate Division of the Supreme Court of New York

People v. Schwartz

2 A.D.2d 632, 151 N.Y.S.2d 973, 1956 N.Y. App. Div. LEXIS 5490

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

DecidedMay 10, 1956

StatusPublished

Cited by1 cases

This text of 2 A.D.2d 632 (People v. Schwartz) 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. Schwartz, 2 A.D.2d 632, 151 N.Y.S.2d 973, 1956 N.Y. App. Div. LEXIS 5490 (N.Y. Ct. App. 1956).

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Opinion

Appeal from judgment of conviction, County Court, Madison County. Appellant was sentenced together with Raymond Fisher, whose appeal is considered herewith, to 20 to 30 years as a second offender for robbery, first degree. That he is a second offender is not in dispute; but since the judgment in Fisher’s ease is being reversed because the prior offense is not considered a felony in New York, and it was the manifest intention of the County Court to treat this defendant and Fisher together, the judgment is reversed in the interest of justice and in the exercise of discretion and the appellant is remanded to the County Court of Madison County for resentence. Foster, P. J., Bergan, Coon, Halpern and Zeller, JJ., concur.

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Appeal from judgment of conviction, County Court, Madison County. Appellant was sentenced together with Raymond Fisher, whose appeal is considered herewith, to 20 to 30 years as a second offender for robbery, first degree. That he is a second offender is not in dispute; but since the judgment in Fisher’s ease is being reversed because the prior offense is not considered a felony in New York, and it was the manifest intention of the County Court to treat this defendant and Fisher together, the judgment is reversed in the interest of justice and in the exercise of discretion and the appellant is remanded to the County Court of Madison County for resentence. Foster, P. J., Bergan, Coon, Halpern and Zeller, JJ., concur.

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Bluebook (online)

2 A.D.2d 632, 151 N.Y.S.2d 973, 1956 N.Y. App. Div. LEXIS 5490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-schwartz-nyappdiv-1956.

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