Legal Opinion

People v. Smith

New York County Courts

Decided October 22, 1962PublishedCited by 3 opinions

1Opinion of the CourtJohn J. Walsh, J.

Defendant was apprehended and brought to the Utica City Court on October 6, 1959. He was indicted by the January 1960 Grand Jury on two counts of burglary in the third degree and two counts of grand larceny in the second degree.

The District Attorney on February 9, 1960 filed an information charging defendant with being a second felony offender. He was duly sentenced on February 26,1960 to a term of not less than 5 nor more than 8 years.

The sole complaint of the defendant is that there was no jurisdiction in the committing Magistrate to arraign the defendant in the Utica City Court. As a…

2Cases cited3 opinions

  1. People v. Baxter, New York County Courts1942
  2. People v. Chambers, New York County Courts1947
  3. People ex rel. Taylor v. RamsdenNew York Supreme Court · 1961

3Cited by3 opinions

  1. Crouse v. StateWyoming Supreme Court · 1963
  2. State v. HalsellNew Mexico Court of Appeals · 1970
  3. People v. SessaCriminal Court of the City of New York · 1964

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