People v. Seager

New York County Courts

People v. Seager

11 Misc. 2d 261, 171 N.Y.S.2d 554, 1958 N.Y. Misc. LEXIS 3709

CourtNew York County Courts

DecidedMarch 13, 1958

StatusPublished

Cited by2 cases

This text of 11 Misc. 2d 261 (People v. Seager) is published on Counsel Stack Legal Research, covering New York County Courts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Seager, 11 Misc. 2d 261, 171 N.Y.S.2d 554, 1958 N.Y. Misc. LEXIS 3709 (N.Y. Super. Ct. 1958).

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Opinion

George D. Ogden, J.

Defendant was convicted September 19, 1956 of a violation of section 483-b of the Penal Law — carnal abuse of a child; defendant had previously been convicted of sodomy in the first degree, and was thereupon sentenced as a second felony offender. Defendant’s first motion — to set aside the jury’s verdict of guilty of the present charge — is, in all respects denied, as the defendant could have raised any question regarding such conviction by the appropriate remedy of an appeal.

The crime of which the defendant was convicted became a felony through operation of law. A violation of section 483-b is a misdemeanor unless the person violating that section has previously been convicted of certain misdemeanors or felonies, including sodomy, when the violation becomes a felony. Since defendant had previously been convicted of a felony, he became a second felony offender, and the sentence imposed was correct. (See People v. Jarvis, 260 App. Div. 834.) Defendant’s application for a resentence is, in all respects, also denied.

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George D. Ogden, J.

Defendant was convicted September 19, 1956 of a violation of section 483-b of the Penal Law — carnal abuse of a child; defendant had previously been convicted of sodomy in the first degree, and was thereupon sentenced as a second felony offender. Defendant’s first motion — to set aside the jury’s verdict of guilty of the present charge — is, in all respects denied, as the defendant could have raised any question regarding such conviction by the appropriate remedy of an appeal.

The crime of which the defendant was convicted became a felony through operation of law. A violation of section 483-b is a misdemeanor unless the person violating that section has previously been convicted of certain misdemeanors or felonies, including sodomy, when the violation becomes a felony. Since defendant had previously been convicted of a felony, he became a second felony offender, and the sentence imposed was correct. (See People v. Jarvis, 260 App. Div. 834.) Defendant’s application for a resentence is, in all respects, also denied.

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Bluebook (online)

11 Misc. 2d 261, 171 N.Y.S.2d 554, 1958 N.Y. Misc. LEXIS 3709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-seager-nycountyct-1958.

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