People v. MacKenna
New York Court of Appeals
I. The trial court exceeded its authority by imposing sentence under section 1944 of the Penal Law seven years after sentencing appellant for the same act under section 1897 of the Penal Law. (Matter of Cedar v. Judges of Ct. of General Sessions, 240 App. Div. 182, 265 N. Y. 620; People v. Krumme, 161 Mise. 278; People v. Lohman, 2 Barb. 216, 1 N. Y. 379; People ex rel. Forsyth v. Court of Sessions, 141 N. Y. 288; People ex rel.
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I. The trial court exceeded its authority by imposing sentence under section 1944 of the Penal Law seven years after sentencing appellant for the same act under section 1897 of the Penal Law. (Matter of Cedar v. Judges of Ct. of General Sessions, 240 App. Div. 182, 265 N. Y. 620; People v. Krumme, 161 Mise. 278; People v. Lohman, 2 Barb. 216, 1 N. Y. 379; People ex rel. Forsyth v. Court of Sessions, 141 N. Y. 288; People ex rel. Decker v. Page, 125 Mise. 538; People v. Archer, 18 Chic. Leg. New 245; People v. Mueller, 4 Crim. L. Mag. 725; People v. Baeder, 161 Mise. 557; People v. Kastel, 172…
1Opinion of the Court
LotjgheaN, Ch. J.
In 1940, the defendant, who had been indicted in the county of New York for attempted robbery in the second degree, attempted grand larceny in the second degree, assault in the second degree and for carrying a dangerous weapon after a prior conviction (see Penal Law, §§ 2120, 2126, 1290, 1296, 242, 1897), was allowed by the Court of General Sessions of that county to plead guilty on the assault count and to a charge of carrying a dangerous weapon as a misdemeanor (see Penal Law, §§ 2, 1897). The prior conviction alleged in the indictment took place in the State of Mississippi…
2Cases cited3 opinions
- Bozza v. United StatesSupreme Court of the United States · 1947
- Matter of Lyons v. RobinsonNew York Court of Appeals · 1944
- People Ex Rel. Kerrigan v. MartinNew York Court of Appeals · 1943
3Cited by9 opinions
- State v. DalrympleNew Mexico Supreme Court · 1965
- People v. CornishAppellate Division of the Supreme Court of the State of New York · 1964
- People v. FrecciaAppellate Division of the Supreme Court of the State of New York · 1963
- People v. WilsonAppellate Division of the Supreme Court of the State of New York · 1963
- People ex rel. Hunt v. McDonnellNew York Supreme Court · 1951
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