Cropsey v. Tiernan
Appellate Division of the Supreme Court of the State of New York
Appeal by Morris Friedman from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 17th day of July, 1915, granting an application by the district attorney of Kings county for a peremptory writ of mandamus directing J. Harry Tiernan, individually and as county judge, and the County Court of Kings county to impose sentence as required by law -upon the appellant Friedman.
1Opinion of the Court
Jenks, P. J.:
The County Court .of Kings county had imposed a sentence of one year in the New York County Penitentiary, whereas the statutes required a sentence of at least five years in a State prison. (Penal Law, §§ 1308, 1941.) Thereafter, upon application of the district attorney of Kings county, the Special Term of the Supreme Court issued a peremptory writ of mandamus to the County Court of Kings county to impose a sentence upon the defendant that was prescribed by the said statutes. The mandamus was obeyed, and the defendant appeals from the said order of the Special Term.
If the County…
2Cases cited5 opinions
- Matter of RunkNew York Court of Appeals · 1911
- People v. . TrimbleNew York Court of Appeals · 1892
- Miller v. FinkleNew York Supreme Court · 1853
- People ex rel. Benton v. Court of Sessions of Monroe CountyNew York Supreme Court · 1893
- People ex rel. Williams v. Court of Sessions of Wayne CountyNew York Supreme Court · 1852
3Cited by13 opinions
- People v. Savarese, New York County Courts1952
- Bennett v. MerrittNew York Supreme Court · 1940
- People ex rel. Friedman v. HayesAppellate Division of the Supreme Court of the State of New York · 1916
- Stebbins v. SherwoodNew York Supreme Court · 1933
- People ex rel. Decker v. PageNew York Supreme Court · 1925
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