People v. Benjamin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtBotein, P. J.
The evidence as to the guilt and the criminal responsibility of the defendant fully warranted his conviction for grand larceny in the first degree, and prejudicial error is not to be found either in the conduct of the trial, the court’s rulings, or the prosecutor’s summation. The only matter which merits comment is the sentencing of the defendant as a second felony offender.
In 1943, when defendant was serving in the Armed Forces of the United States in the State of California, he was convicted by an Army general court-martial. The charge and specification under which he was tried read as…
2Cases cited10 opinions
- People v. OlahNew York Court of Appeals · 1949
- Collins v. McDonaldSupreme Court of the United States · 1922
- People v. LoveNew York Court of Appeals · 1953
- People Ex Rel. Marsh v. MartinNew York Court of Appeals · 1955
- People ex rel. Stewart v. WilsonAppellate Division of the Supreme Court of the State of New York · 1939
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Commonwealth v. SmithSupreme Court of Pennsylvania · 1991
- People v. CalderonCalifornia Court of Appeal · 1962
- State v. GrubbSupreme Court of Missouri · 2003
- Esters v. StateCourt of Criminal Appeals of Alabama · 1985
- Scott v. United StatesDistrict of Columbia Court of Appeals · 1978
9 more not listed; retrieve them via the Exa API.