People v. Sogliuzzo

Appellate Division of the Supreme Court of New York

People v. Sogliuzzo

268 A.D. 899, 51 N.Y.S.2d 163

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

DecidedNovember 17, 1944

StatusPublished

This text of 268 A.D. 899 (People v. Sogliuzzo) 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. Sogliuzzo, 268 A.D. 899, 51 N.Y.S.2d 163 (N.Y. Ct. App. 1944).

Pincite

Opinion

Per Curiam.

The evidence fails to establish the first count of the information charging the defendant with the crime of unlawful entry. (People v. Orr, 270 N. Y. 193; People v. Cooperman, 279 N. Y. 599.) The second count charging the defendant with the crime of assault in the third degree is, however, fully established by the proof.

Since the sentence on each count runs concurrently, dismissal of the first count of the information does not otherwise affect the judgment of conviction.

The judgment should be modified-by dismissing the first count of the information and eliminating the sentence imposed thereon, and otherwise affirmed.

Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ., concur.

Judgment unanimously modified by dismissing the first count of the information and eliminating the sentence imposed thereon, and otherwise affirmed. Settle order on notice.

Free access — add to your briefcase to read the full text and ask questions with AI