People v. Zeiler

Appellate Division of the Supreme Court of New York

People v. Zeiler

243 A.D. 542

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1934·Published·Cited by 1 cases

Opinion

Judgment of the County Court of Queens county convicting defendant of the crime of burglary in the third degree as a second offense affirmed. No opinion. Lazansky, P. J., Hagarty, Carswell and Davis, JJ., concur; Tompkins, J., dissents and votes for reversal and a new trial upon the ground that it was prejudicial error for the court, during the trial, to receive proof of the defendant’s previous conviction. That was a matter for proof and the consideration of the court, after the verdict of the jury, on the question of punishment.

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Judgment of the County Court of Queens county convicting defendant of the crime of burglary in the third degree as a second offense affirmed. No opinion. Lazansky, P. J., Hagarty, Carswell and Davis, JJ., concur; Tompkins, J., dissents and votes for reversal and a new trial upon the ground that it was prejudicial error for the court, during the trial, to receive proof of the defendant’s previous conviction. That was a matter for proof and the consideration of the court, after the verdict of the jury, on the question of punishment.

People v. Zeiler, 243 A.D. 542 (N.Y. Ct. App. 1934).

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Opinion

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