Legal Opinion
People v. McCullough
New York Court of Appeals
Decided December 2, 1949PublishedCited by 76 opinions
1Opinion of the CourtFuld, J.
In this coram nobis proceeding', defendant attacks the sentence imposed upon him pursuant to section 1941 of the Penal Law, upon the ground that he is not a second felony offender.
Following a conviction for burglary in the County Court of Albany County in 1938, defendant was punished as a fourth felony offender — the basis therefor being three convictions of crimes committed in other jurisdictions. In 1942, he succeeded in establishing that one of the prior crimes would not have been a felony in this State and, accordingly, he was resentenced as a third offender. (See Penal Law, § 1941.)
Some…
2Cases cited12 opinions
- Mooney v. HolohanSupreme Court of the United States · 1935
- People v. OlahNew York Court of Appeals · 1949
- Matter of Morhous v. N.Y. Supreme CourtNew York Court of Appeals · 1944
- Matter of Bojinoff v. PeopleNew York Court of Appeals · 1949
- Matter of Hogan v. Court of General SessionsNew York Court of Appeals · 1946
7 more not listed; retrieve them via the Exa API.
3Cited by76 opinions
- United States v. MorganSupreme Court of the United States · 1954
- United States Ex Rel. James J. Savini v. J. Vernal Jackson, Warden, Clinton Prison, Dannemora, N. Y.Court of Appeals for the Second Circuit · 1957
- James D. Booker v. State of ArkansasCourt of Appeals for the Eighth Circuit · 1967
- United States Ex Rel. Bogish v. TeesCourt of Appeals for the Third Circuit · 1954
- United States Ex Rel. Franklin Lanear, Relator-Appellant v. Hon. J. Edwin Lavallee, as Warden of Clinton State Prison, Dannemora, New YorkCourt of Appeals for the Second Circuit · 1962
71 more not listed; retrieve them via the Exa API.