People v. Yanni

Appellate Division of the Supreme Court of New York

People v. Yanni

12 A.D.2d 943, 1961 N.Y. App. Div. LEXIS 12878

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

DecidedFebruary 6, 1961

StatusPublished

This text of 12 A.D.2d 943 (People v. Yanni) 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. Yanni, 12 A.D.2d 943, 1961 N.Y. App. Div. LEXIS 12878 (N.Y. Ct. App. 1961).

Pincite

Opinion

In a coram nobis application by defendant to vacate his sentence as a second felony offender and to be resentenced as a first felony offender under a judgment of the County Court, Kings County, rendered September 12, 1956, upon his plea of guilty, convicting him of robbery in the third degree unarmed, defendant appeals from the order of said court, dated April 6,1960, denying his application. Defendant contends that the first offense should not be deemed to be a felony in this State. His conviction for such offense was based on his plea of guilty to an Alaska indictment which alleged [944]*944the commission of a felony according to New York law. His position now' is that the said Alaska indictment was subject to amendment, and that the Alaska statute included a basis for felony conviction which in New York would support conviction of only a misdemeanor. Order affirmed. No opinion. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.

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In a coram nobis application by defendant to vacate his sentence as a second felony offender and to be resentenced as a first felony offender under a judgment of the County Court, Kings County, rendered September 12, 1956, upon his plea of guilty, convicting him of robbery in the third degree unarmed, defendant appeals from the order of said court, dated April 6,1960, denying his application. Defendant contends that the first offense should not be deemed to be a felony in this State. His conviction for such offense was based on his plea of guilty to an Alaska indictment which alleged [944]*944the commission of a felony according to New York law. His position now' is that the said Alaska indictment was subject to amendment, and that the Alaska statute included a basis for felony conviction which in New York would support conviction of only a misdemeanor. Order affirmed. No opinion. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.

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Bluebook (online)

12 A.D.2d 943, 1961 N.Y. App. Div. LEXIS 12878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-yanni-nyappdiv-1961.