Stebbins v. Sherwood

The defendant Murphy was indicted for the crime of assault in the first degree, and on May 5, 1933, in the County Court, pleaded not guilty. After his trial was begun and on May 15, 1933, this defendant withdrew his plea of not guilty and pleaded guilty to the crime charged. When arraigned for sentence on May 22, 1933, he conceded on the record, and the probation officer reported, that he was armed when the crime was committed, and thereupon the district attorney asked that a prison sentence be imposed as required by sections 1944 and 2188 of the Penal Law. The time for imposing sentence was…