People v. Harcq
New York Court of Appeals
Tbe County Court bad tbe power to place tbe defendant-appellant on probation and erroneously held that it lacked such power. (Code Crim. Pro. § 764.) Upon tbe appeal from tbe judgment of conviction tbe County Court, as an appellate court, bad no power to suspend execution of sentence and, or, place tbe defendant-appellant on probation. (People v. MacKenzie, 69 Mise. 540; People v. Finucan, 151 App. Div. 92; People v. Dinehart, 155 App. Div. 687; People v. Maher, 92 Mise. 50.)
1Opinion of the CourtCoNWay, J.
Tbe defendant was convicted of tbe crime of assault in tbe third degree by a city court judge of tbe City of Long Beacb, Nassau County, sitting as a court of special sessions. Tbe defendant was fined $500 (with provision for service of 500 days in tbe Nassau County jail in default thereof) and sentenced to serve 60 days imprisonment in tbe Nassau County jail. Upon appeal to tbe County Court of Nassau County, tbe learned County Judge was of tbe opinion that be was without tbe power, under section 764 of tbe Code of Criminal Procedure, to modify tbe sentence so as to suspend 60-day sentence or…
2Cases cited9 opinions
- People Ex Rel. Forsyth v. . Court of SessionsNew York Court of Appeals · 1894
- People v. . BradnerNew York Court of Appeals · 1887
- People v. . FabianNew York Court of Appeals · 1908
- People Ex Rel. Woodin v. OttawayNew York Court of Appeals · 1928
- The People v. . BorkNew York Court of Appeals · 1879
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- People ex rel. Emanuel v. McMannNew York Court of Appeals · 1960
- People ex rel. Troiani v. FayAppellate Division of the Supreme Court of the State of New York · 1961
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