People v. Scheuren
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Arnold 0. Soheuren, from a judgment of the Court óf General Sessions of the Peace in and for the county of-New York rendered against the defendant on the 25th day of February, 1910, convicting him of the crime of attempted extortion, and also from an order denying the defendant’s motion for a new trial and in arrest of judgment.
1Opinion of the Court
Hiller, J.:
The defendant was indicted for “ feloniously and extorsively ” attempting “feloniously and extorsively to obtain” money. He was convicted on February 25, 1910, and sentenced to State’s prison for not less than three, nor more than five years and six months. It is conceded that the threat by which the defendant undertook to extort money was verbal, and that the defendant was guilty of a misdemeanor only. (People ex rel. Perry v. Gillette, 200 N. Y. 275.) Where the error is after the verdict it does not affect the conviction, and the proper procedure is to resentence the defendant.…
2Cases cited4 opinions
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 1911
- People v. . NesceNew York Court of Appeals · 1911
- People Ex Rel. Perry v. . GilletteNew York Court of Appeals · 1911
- People v. BrettonAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by4 opinions
- People v. BergmanAppellate Division of the Supreme Court of the State of New York · 1916
- People v. BrettonAppellate Division of the Supreme Court of the State of New York · 1913
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1966
- Wolfkill v. National Constructors, Inc.Appellate Division of the Supreme Court of the State of New York · 1958