Legal Opinion
People Ex Rel. Woodin v. Ottaway
New York Court of Appeals
Decided March 27, 1928PublishedCited by 31 opinions
1Opinion of the Court
Peer Curiam.
Penal Law, section 2188, gives authority to a court, not merely to suspend sentence, but to impose sentence and suspend the execution of the judgment.
In the view of a majority of this court, the mandate of the County Court was not a revocation of the sentence previously imposed and the imposition of a new one. It was a suspension of the execution of the judgment upon compliance by the defendants with a condition which they might accept or reject (Comm. v. Dowdecain’s Bail, 115 Mass. 133, 136; cf. Code Crim. Pro. § 483, subd. 2; § 11-a, subd. 4).
Jurisdiction to stay the execution…
2Cases cited9 opinions
- United States v. MurraySupreme Court of the United States · 1928
- People Ex Rel. Forsyth v. . Court of SessionsNew York Court of Appeals · 1894
- Commonwealth v. John Dowdican's BailMassachusetts Supreme Judicial Court · 1874
- People v. . EverhardtNew York Court of Appeals · 1887
- The People v. . BorkNew York Court of Appeals · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Burns v. United StatesSupreme Court of the United States · 1932
- People v. MinayaNew York Court of Appeals · 1981
- City of Boston v. SantosuossoMassachusetts Supreme Judicial Court · 1940
- Matter of Dodd v. MartinNew York Court of Appeals · 1928
- McDonald v. GoldsteinNew York Supreme Court · 1948
26 more not listed; retrieve them via the Exa API.