Legal Opinion

People v. Gennaro

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

Decided March 21, 1941PublishedCited by 13 opinions

1Opinion of the CourtTownlby, J.

In this case the defendant pleaded guilty to the crime of attempting feloniously to sell a narcotic drug. An information charging the defendant with being a second felony offender based upon a prior conviction in the Federal court for selling drugs was thereupon filed against him. The defendant admitted having *534been convicted in the District Court of the United States for the Southern District of New York. But he denied, first, that the offense was the crime of selling narcotics, and, second, that it would have constituted a felony if committed in this State.

Section 1941 of the Penal Law, on…

2Cases cited8 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Durland v. United StatesSupreme Court of the United States · 1896
  3. United States v. Jin Fuey MoySupreme Court of the United States · 1916
  4. United States v. DoremusSupreme Court of the United States · 1919
  5. Wilson v. United StatesCourt of Appeals for the Second Circuit · 1911

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3Cited by13 opinions

  1. Tonis v. Board of Regents of the UniversityNew York Court of Appeals · 1946
  2. State of Arizona v. WorthamArizona Supreme Court · 1945
  3. State v. TaylorNew Jersey Superior Court Appellate Division · 1962
  4. People ex rel. Lana v. DonovanNew York Supreme Court · 1962
  5. People v. Gerstenfeld, New York County Courts1960

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