People v. Rosen
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 31, 1913, which affirmed a judgment of the Court of General Sessions of the Peace of the county of New York rendered upon a plea of guilty of burglary in the first degree. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 31, 1913, which affirmed a judgment of the Court of General Sessions of the Peace of the county of New York rendered upon a plea of guilty of burglary in the first degree. The facts, so far as material, are stated in the opinion. The judgment of the court sentencing the defendant for the term of thirty years and adjudging him an habitual criminal on his plea of guilty to an indictment accusing him of the crime of burglary in the first degree, was erroneous. (People v. Jordan, 125…
1Opinion of the CourtHiscooic, J.
The somewhat informal and abbreviated character of the record presented on this appeal becomes harmless in view of tlie lack of any dispute concerning the force and meaning to be given to it. Adopting the conceded interpretation placed thereon, it appears that the appellant was indicted for burglary in the first degree, not charged as a second offense, and pleaded guilty to such charge; that hi the course of his examination by the presiding- judge prior to sentence, pursuant to section 485a of the Code of Criminal Procedure, it appeared that he had before been convicted of a felony and…
2Cases cited4 opinions
- Graham v. West VirginiaSupreme Court of the United States · 1912
- McDonald v. MassachusettsSupreme Court of the United States · 1901
- People v. . SicklesNew York Court of Appeals · 1898
- People v. . LevineNew York Court of Appeals · 1913
3Cited by33 opinions
- People v. GowaskyNew York Court of Appeals · 1927
- State v. EichlerSupreme Court of Iowa · 1957
- State v. SmithOregon Supreme Court · 1928
- State v. WoodmanSupreme Court of Kansas · 1928
- State v. WaterhouseOregon Supreme Court · 1957
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