(DOWNLOAD) "People State New York v. George French" by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. George French
- Author : Supreme Court of New York
- Release Date : January 24, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
[5 A.D.2d 852 Page 852] Appeal from an order of the County Court, Kings County, denying appellant's application in the nature of a writ of error
coram nobis to vacate a judgment rendered by said court on or about February 1, 1954 convicting appellant on his plea of guilty
of grand larceny in the second degree and sentencing him to serve, as a third felony offender, from 9 to 10 years. One of
the prior convictions was in Massachusetts in 1924. On that occasion appellant was convicted of larceny of property of the
stated value of $73. Under the Massachusetts statute the larceny of property, the value of which "does not exceed one hundred
dollars" was punishable by imprisonment in jail for not more than one year (Mass. Gen. Laws [ 1921 ] , ch. 266, § 30). Appellant
was sentenced to a reformatory. Under section 1296 of the Penal Law, as it provided in 1924 (L. 1912, ch. 164), the larceny
of property of the value of "more than fifty dollars" was a felony. Appellant contends that the 1924 conviction was not a
conviction of a crime which if committed in this State would have been a felony, and that therefore the Massachusetts conviction
should not have been counted as a prior felony conviction under section 1941 of the Penal Law. Order reversed on the law and
the facts, application granted, and proceeding remitted to the County Court for such further proceedings as may be necessary
and not inconsistent herewith. All that was determined by the Massachusetts judgment was that appellant had stolen property
of some [5 A.D.2d 852 Page 853]
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