Legal Opinion

People v. Dinehart

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

Decided March 5, 1913PublishedCited by 2 opinions

Appeal by the defendant, Peter Dinehart, from an'order of the County Court of the county of Onondaga, entered in the office of the clerk of said county on the 9th day of December, 1912, affirming a judgment of a Court of Special Sessions held by a justice of the peace of the town of Salina in said county, convicting the defendant of the crime of disorderly conduct, and adjudging that the defendant be imprisoned in the Onondaga County Penitentiary for the period of six months.

1Opinion of the Court

Robson, J.:

Defendant’s appeal to the County Court was allowed by the county judge of the county of Onondaga upon an affidavit alleging as the sole ground of error that the judgment sentencing the defendant to confinement in the Onondaga County Penitentiary for the period of six months imposed an excessive punishment for the crime of which defendant had been found guilty after a jury trial in a Court of Special Sessions. The order of the County Court affirming the judgment recites that the affirmance is “on the ground that this court has no power to modify sentence where the sole ground of…

2Cases cited3 opinions

  1. People Ex Rel. Comrs. of Charities v. . CullenNew York Court of Appeals · 1896
  2. People v. Mulkins, New York County Courts1898
  3. People v. Dinehart, New York County Courts1912

3Cited by2 opinions

  1. People v. LaFace, New York County Courts1933
  2. People v. PalaguayAppellate Division of the Supreme Court of the State of New York · 1926

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