People v. Sumpter

Appellate Division of the Supreme Court of New York

People v. Sumpter

13 A.D.2d 784, 216 N.Y.S.2d 678, 1961 N.Y. App. Div. LEXIS 11221

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

DecidedMay 1, 1961

StatusPublished

This text of 13 A.D.2d 784 (People v. Sumpter) 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. Sumpter, 13 A.D.2d 784, 216 N.Y.S.2d 678, 1961 N.Y. App. Div. LEXIS 11221 (N.Y. Ct. App. 1961).

Pincite

Opinion

Appeal by defendant from an order of the County Court, Kings County, dated November 23, 1959, denying, without a hearing, his motion for resentence as a first felony offender, rather than as a second felony offender. On April 4, 1957, judgment was rendered by said court convicting defendant, on his plea of guilty, of attempted sale of narcotics as a felony, and sentencing him as a second felony offender to serve a term of 5 to 10 years. For the purposes of this appeal the order appealed from has been considered as one denying a motion to vacate a judgment of conviction, otherwise known as a motion or application for a writ of error coram nobis (Code Grim. Pro., § 517). Order affirmed. No opinion. Nolan, P. J., Kleinfeld, Christ, Pette and Brennan, JJ,, concur.

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Appeal by defendant from an order of the County Court, Kings County, dated November 23, 1959, denying, without a hearing, his motion for resentence as a first felony offender, rather than as a second felony offender. On April 4, 1957, judgment was rendered by said court convicting defendant, on his plea of guilty, of attempted sale of narcotics as a felony, and sentencing him as a second felony offender to serve a term of 5 to 10 years. For the purposes of this appeal the order appealed from has been considered as one denying a motion to vacate a judgment of conviction, otherwise known as a motion or application for a writ of error coram nobis (Code Grim. Pro., § 517). Order affirmed. No opinion. Nolan, P. J., Kleinfeld, Christ, Pette and Brennan, JJ,, concur.

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Bluebook (online)

13 A.D.2d 784, 216 N.Y.S.2d 678, 1961 N.Y. App. Div. LEXIS 11221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sumpter-nyappdiv-1961.