People v. Dinehart
New York County Courts
Oet September 16, 1912, the defendant was convicted of the crime of disorderly conduct upon a trial had before Harry E. Reed, justice of the peace of the town of Salina, Onondaga county, N. Y., sitting as Court of Special Sessions, and a jury, and it was thereupon adjudged by said Court of Special Sessions that the said Peter Dinehart should be imprisoned in the Onondaga County Penitentiary for a period of six months.
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Oet September 16, 1912, the defendant was convicted of the crime of disorderly conduct upon a trial had before Harry E. Reed, justice of the peace of the town of Salina, Onondaga county, N. Y., sitting as Court of Special Sessions, and a jury, and it was thereupon adjudged by said Court of Special Sessions that the said Peter Dinehart should be imprisoned in the Onondaga County Penitentiary for a period of six months. From such conviction and commitment this appeal was taken. The justice of the peace in the return in this case has incorporated a number of affidavits taken after the appeal was…
1Opinion of the Court
Ross, J.:
The only assignment of error claimed by the appellant is that the said sentence of six months is excessive.
The learned district attorney’s position is that the claim of the defendant that his sentence is excessive does not present reversible error, and I do so hold, not in the exercise of discretion, but upon the ground that I have no authority to modify a sentence imposed by a Court of Special Sessions or by a committing magistrate upon the sole ground that the sentence imposed is excessive. The authority for allowing an appeal from a Court of Special Sessions is to be found in…
2Cases cited1 opinion
3Cited by1 opinion
- People v. DinehartAppellate Division of the Supreme Court of the State of New York · 1913