People v. De Santis

We are all satisfied that the evidence was sufficient to establish defendant’s guilt beyond a reasonable doubt, and that the verdict was not inconsistent.

It was not reversible error to include in the indictment allegations charging defendant as a prior offender, and to receive proof therof at the trial. This has long been the settled practice in this State (Johnson v. People, 55 N. Y. 512; People v. Sickles, 156 N. Y. 541; People v. Gowasky, 244 N. Y. 451), and countless convictions were based on such indictments. The Legislature has not prohibited this practice by its enactment in 1926 of…