Legal Opinion

People ex rel. Stewart v. Wilson

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

Decided July 11, 1939PublishedCited by 8 opinions

1Opinion of the CourtBliss, J.

Appellant contends that he was improperly sentenced as a second offender upon conviction after a plea of guilty of the crime of attempting to commit burglary in the third degree. The certificate of conviction shows that after the conviction an information was filed charging him with having been previously convicted of a felony, that he was properly informed of his rights in connection therewith and stood mute. A jury was thereupon impaneled and found that he was the same person thus previously convicted and he was then sentenced as a second offender. The criminal record attached to the return…

2Cited by8 opinions

  1. Millwood v. StateCourt of Criminal Appeals of Oklahoma · 1986
  2. People v. BenjaminAppellate Division of the Supreme Court of the State of New York · 1959
  3. Florance v. DonovanAppellate Division of the Supreme Court of the State of New York · 1953
  4. Kaytes v. DonovanNew York Supreme Court · 1952
  5. People v. WilsonNew York Court of General Session of the Peace · 1958

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