Legal Opinion · Dissent

People v. Rosen

Appellate Division of the Supreme Court of the State of New York

Decided May 31, 1912Published

Appeal by the defendant, iSamnel Rosen, from a judgment of the Court of General 'Sessions of the Peace in and for the county of New York, rendered against the defendant on the 25 th day of May, 1910, convicting him of the crime of burglary and also from 'the indictment.

1Dissent

McLaughlin, J. (dissenting) :

The -defendant was indicted for the crime of burglary in the first degree, and upon being arraigned he pleaded guilty. Upon his plea, judgment could be pronounced only for the crime charged. Burglary in the first degree is punishable by imprisonment in a State prison “ for not less than ten years,” and may be for life. (Penal Law, §§ 407, 2191.) The punishment here inflicted was imprisonment in a 'State- prison “ for the term of thirty years,” and in addition the defendant was “ adjudged an habitual criminal.”

It is claimed that the court was authorized, in…

2Cases cited37 opinions

  1. Moore v. MissouriSupreme Court of the United States · 1895
  2. People v. . SicklesNew York Court of Appeals · 1898
  3. McDonald v. CommonwealthMassachusetts Supreme Judicial Court · 1899
  4. Ingram v. StateSupreme Court of Alabama · 1864
  5. Meacham v. GrahamTennessee Supreme Court · 1897

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