People v. Washington

Appellate Division of the Supreme Court of New York

People v. Washington

278 A.D. 967, 105 N.Y.S.2d 540

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

DecidedJune 18, 1951

StatusPublished

Cited by2 cases

This text of 278 A.D. 967 (People v. Washington) 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. Washington, 278 A.D. 967, 105 N.Y.S.2d 540 (N.Y. Ct. App. 1951).

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Opinion

Appeal by the People from a judgment of the County Court of the County of Kings, convicting respondent of the crime of arson in the third degree, on his plea of guilty, and sentencing him as a first felony offender, and from an order of said court declaring respondent to be a first felony offender. Judgment reversed on the law and matter remitted to the County Court for resentencing of respondent as a second felony offender. Respondent, prior to this conviction, had been convicted in the State of Georgia for the crime of “ Stabbing ”. In our opinion, that crime, if committed within Hew York, would be a felony and, therefore, respondent should have been sentenced as a second felony offender pursuant to section 1941 of the Penal Law. Appeal, insofar as it is from the order, dismissed. Ho such order is contained in the record on appeal. Carswell, Acting P. J., Johnston, Adel, Wenzel and Mac-Crate, JJ., concur.

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Appeal by the People from a judgment of the County Court of the County of Kings, convicting respondent of the crime of arson in the third degree, on his plea of guilty, and sentencing him as a first felony offender, and from an order of said court declaring respondent to be a first felony offender. Judgment reversed on the law and matter remitted to the County Court for resentencing of respondent as a second felony offender. Respondent, prior to this conviction, had been convicted in the State of Georgia for the crime of “ Stabbing ”. In our opinion, that crime, if committed within Hew York, would be a felony and, therefore, respondent should have been sentenced as a second felony offender pursuant to section 1941 of the Penal Law. Appeal, insofar as it is from the order, dismissed. Ho such order is contained in the record on appeal. Carswell, Acting P. J., Johnston, Adel, Wenzel and Mac-Crate, JJ., concur.

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Bluebook (online)

278 A.D. 967, 105 N.Y.S.2d 540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-washington-nyappdiv-1951.

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