People Ex Rel. Forsyth v. . Court of Sessions
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made January 18,1893, which affirmed an order of Special Term granting an application for a Avrit of peremptory mandamus, the substance of which, and the material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made January 18,1893, which affirmed an order of Special Term granting an application for a Avrit of peremptory mandamus, the substance of which, and the material facts are stated in the opinion. The Court of Sessions had power to suspend sentence upon Attridge during his good behavior.' (People v. Bradner, 107 N. Y. 1; In re Jennings, 10 Hun, 301; People v. Willett, 102 N. Y. 251; Code Crim. Pro. §§ 22, 39; Fuller v. State, 1 Blackf. 66; People v. Graves, 31 Hun, 382; People v. Whipple, 9 Cow. 715; 1…
1Opinion of the CourtO’Brien, J.
The question presented by this appeal is novel ahd important. The Supreme Court has by mandamus commanded the Court of Sessions to proceed to judgment in a criminal case and to pass sentence upon the defendant after conviction. The power of the court to grant the writ under the circumstances disclosed by the record is denied.. On the 4th of March, 1892, John Attridge was convicted in the Court of Sessions of Monroe county, composed of the county judge and two justices of sessions, upon his own plea of guilty, of the crime of grand larceny in the second degree. The defendant was a clerk in a…
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