Legal Opinion
People v. Speiser
New York Court of Appeals
Decided March 18, 1938PublishedCited by 28 opinions
1Opinion of the CourtO’Brien, J.
The judgment of conviction of defendant for conspiracy having been affirmed by this court, he has applied to us for reduction of sentence. The only question presented on this motion concerns the power of the Court of Appeals under section 543 of the Code of Criminal Procedure. This is the language of the statute:
“ 1. Upon hearing the appeal the appellate court may, in cases where an erroneous judgment has been entered upon a lawful verdict, or finding of fact, correct the judgment to conform to the verdict or finding; in all other cases they must either reverse or affirm the judgment appealed…
2Cited by28 opinions
- People v. DiscalaNew York Court of Appeals · 1978
- People v. RytelNew York Court of Appeals · 1940
- People v. BrismanNew York Court of Appeals · 2025
- People v. PotskowskiNew York Court of Appeals · 1948
- People v. GittelsonNew York Court of Appeals · 1966
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