People ex rel. Murray v. Becker
New York Supreme Court
This is a proceeding instituted by a writ of habeas corpus and transferred to the above term. ’ The relator, now in the custody of the sheriff of Oneida county, awaits conveyance to the state prison at Auburn, pursuant to- a judgment of the Oneida trial term held in October, 19-12, upon a plea of guilty, convicting him of a felony in violating section 1897 of the Penal Law in carrying concealed upon his person a revolver without a written license therefor, and inflicting the…
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This is a proceeding instituted by a writ of habeas corpus and transferred to the above term. ’ The relator, now in the custody of the sheriff of Oneida county, awaits conveyance to the state prison at Auburn, pursuant to- a judgment of the Oneida trial term held in October, 19-12, upon a plea of guilty, convicting him of a felony in violating section 1897 of the Penal Law in carrying concealed upon his person a revolver without a written license therefor, and inflicting the punishment of imprisonment in such state prison for the period of seven years. When he was arraigned for sentence, it…
1Opinion of the CourtDeAxgelis, J.
The sentence imposed by the trial term was a flat sentence and the relator claims it should have been an indeterminate sentence under section 2189 of the Penal Law, because (1), as he had never before been convicted of a felony in the state of Hew York, he held the position of a “ person never before convicted of a crime punishable by imprisonment in a state prison,” and (2), as he was not indicted as a second offender under section 1941 of the Penal Law, the trial term was bound to treat him as though he were a first offender, in pronouncing judgment.
After careful consideration of the…
2Cases cited6 opinions
- People v. . SicklesNew York Court of Appeals · 1898
- People Ex Rel. Cosgriff v. . CraigNew York Court of Appeals · 1909
- People ex rel. Stetzer v. RawsonNew York Supreme Court · 1872
- People Ex Rel. Loughlin v. FinnNew York Court of Appeals · 1882
- Shay v. . the PeopleNew York Court of Appeals · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. FelicianoNew York City Magistrates' Court · 1958
- People v. PestronkNew York City Magistrates' Court · 1956
- Cohen v. RattiganBronx County Court · 1915
- People ex rel. Bierbaum v. Jennings, New York County Courts1930