People v. Stowell

Appellate Division of the Supreme Court of New York

People v. Stowell

283 A.D. 854, 128 N.Y.S.2d 783, 1954 N.Y. App. Div. LEXIS 5521

Appellate Division of the Supreme Court of the State of New York·Decided March 19, 1954·Published·Cited by 1 cases

Opinion

— -Judgment of conviction affirmed. Memorandum: We have not overlooked the possibility that the language of the court carried the suggestion of an imposition of a suspended sentence. Such suggestion was improper [855]*855but, in view of the overwhelming evidence of guilt, we are constrained to overlook the error and affirm the judgment of conviction under section 542 of the Code of Criminal Procedure. All concur. (Appeal from a judgment convicting defendant of the crimes of assault, first degree, and assault, second degree.) Present — Vaughan, Kimball, Piper and Wheeler, JJ.

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— -Judgment of conviction affirmed. Memorandum: We have not overlooked the possibility that the language of the court carried the suggestion of an imposition of a suspended sentence. Such suggestion was improper [855]*855but, in view of the overwhelming evidence of guilt, we are constrained to overlook the error and affirm the judgment of conviction under section 542 of the Code of Criminal Procedure. All concur. (Appeal from a judgment convicting defendant of the crimes of assault, first degree, and assault, second degree.) Present — Vaughan, Kimball, Piper and Wheeler, JJ.

People v. Stowell, 283 A.D. 854, 128 N.Y.S.2d 783, 1954 N.Y. App. Div. LEXIS 5521 (N.Y. Ct. App. 1954).

Pincite

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Opinion

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