Legal Opinion
People ex rel. Goldman v. Denno
New York Court of Appeals
Decided January 20, 1961PublishedCited by 30 opinions
1Opinion of the CourtFuld, J.
Convicted in this State in 1953 of attempting to sell narcotics (Penal Law, § 1751), the relator received a sentence of from 15 years to life imprisonment, as a third felony offender, based upon prior Federal drug convictions (Penal Law, § 1941, subd. 2). In this habeas corpus proceeding, brought some years later, he seeks resentence as a first felony offender, claiming that no one of those earlier crimes would have, constituted a felony had it been committed in this State.
To determine whether a crime committed in another jurisdiction would have been a felony if perpetrated here (Penal Law, §…
2Cases cited6 opinions
- Gore v. United StatesSupreme Court of the United States · 1958
- People v. OlahNew York Court of Appeals · 1949
- Marcelino Perea Velasquez v. United StatesCourt of Appeals for the Tenth Circuit · 1957
- McKinley E. Gore v. United StatesCourt of Appeals for the D.C. Circuit · 1957
- Miguel A. Torres Martinez v. United StatesCourt of Appeals for the First Circuit · 1955
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- People v. GonzalezNew York Court of Appeals · 1984
- People v. MunizNew York Court of Appeals · 1989
- The People v. Mark JurginsNew York Court of Appeals · 2015
- People v. BostonAppellate Division of the Supreme Court of the State of New York · 2010
- People v. GravesAppellate Division of the Supreme Court of the State of New York · 2016
25 more not listed; retrieve them via the Exa API.