People v. Salter
Appellate Division of the Supreme Court of the State of New York
Motion by the respondent, The People of the State of New York, for reargument of an appeal from a judgment of the Court of Special'Sessions of the Peace of the City of New York, county of Kangs, entered in the office of the clerk of said court on the 16th day of December, 1919, convicting him of the crime of practicing dentistry without a license, in violation of chapter 49 of the Laws of 1909, as amended by chapter 129 of the Laws of 1916; and chapter 507 of the Laws of…
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Motion by the respondent, The People of the State of New York, for reargument of an appeal from a judgment of the Court of Special'Sessions of the Peace of the City of New York, county of Kangs, entered in the office of the clerk of said court on the 16th day of December, 1919, convicting him of the crime of practicing dentistry without a license, in violation of chapter 49 of the Laws of 1909, as amended by chapter 129 of the Laws of 1916; and chapter 507 of the Laws of 1917, constituting the Public Health Law of the State of New York. (See Consol. Laws, chap. 45, § 203.) (See People v.…
1Per curiam
We concluded that the conviction was right, but that the sentence was not lawful. We, therefore, proceeded, in the words of the statute, to “ correct the judgment to conform to the judgment or finding.” (Code Crim. Proc. § 543.) But we were not required to reverse the judgment, as a reading of this statute shows; for after this provision for correction the statute reads that “ in all other cases ” there must be reversal or affirmance or reduction. There was no need of reversal. The erroneous sentence does not affect the rightful conviction. (People ex rel. Devoe v. Kelly, 97 N. Y. 215.)
Inasmuc…
2Cases cited2 opinions
- Manke v. . PeopleNew York Court of Appeals · 1878
- People v. BrettonAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by3 opinions
- People v. SalterAppellate Division of the Supreme Court of the State of New York · 1972
- Moore v. ThornNew York Supreme Court · 1935
- People v. RozeaAppellate Division of the Supreme Court of the State of New York · 1944