Legal Opinion
People v. Shaw
New York Court of Appeals
Decided March 15, 1956PublishedCited by 5 opinions
1Opinion of the Court
Conway, Ch. J.
The defendant was sentenced as a third felony offender to 15-20 years in State prison and is now confined at Attica State Prison. One of the two convictions which was relied upon as the basis for his third offender sentence was for attempted grand larceny. Upon that conviction he received a sentence which we construe to be a suspended one. The question presented is whether one who has been twice convicted of a felony, but has received a suspended sentence upon one of the convictions, may be classed as a third offender under section 1941 of the Penal Law, which reads as follows:
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2Cases cited8 opinions
- People v. GowaskyNew York Court of Appeals · 1927
- People v. . BradnerNew York Court of Appeals · 1887
- People Ex Rel. Marcley v. LawesNew York Court of Appeals · 1930
- Hogan v. BohanNew York Court of Appeals · 1953
- MATTER OF RICHETTI v. New York State Bd. of ParoleNew York Court of Appeals · 1950
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Melvin Tanzer v. United StatesCourt of Appeals for the Ninth Circuit · 1960
- Application of AbeltSouth Dakota Supreme Court · 1966
- Anthony Bruno v. J. E. Lavallee, as Superintendent of Clinton Correctional FacilityCourt of Appeals for the Second Circuit · 1978
- People ex rel. Crawford v. SmithAppellate Division of the Supreme Court of the State of New York · 1983
- Anthony Bruno v. J. E. Lavallee, as Superintendent of Clinton Correctional FacilityCourt of Appeals for the Second Circuit · 1978