Legal Opinion

In re Brown

New York Supreme Court

Decided March 15, 1897PublishedCited by 6 opinions

. The petitioner Brown is confined in the Onondaga county penitentiary under a purported judgment and sentence of and in the Court of Special Sessions,, county, and village of Cortland, based upon a plea of guilty to the charge of petit larceny.

1Opinion of the CourtHiscock, J.

Various grounds of objection are urged to the legality of the proceedings under which the relator is now confined. Those relating to the certificate of conviction seem to entitle him to his discharge, and, therefore, I shall confine my consideration to them. " - '

Section 721 of the Oode of Criminal Procedure provides for the form of such a certificate of conviction and requires that it should briefly designate the offense of which the prisoner has been convicted.

The 'certificate in this case, omitting the formal parts, reads as follows: . •

• • “ Village oe Ooktlaitd, November 16, 1896..

“ The…

2Cases cited1 opinion

  1. People Ex Rel. Loughlin v. FinnNew York Court of Appeals · 1882

3Cited by6 opinions

  1. Ohmann v. HarnettNew York Supreme Court · 1938
  2. People ex rel. Hunt v. Markell, New York County Courts1898
  3. People ex rel. Snyder v. Whitney, New York County Courts1897
  4. People ex rel. Cooney v. WoodNew York County Court, Cayuga County · 1900
  5. People ex rel. Snyder v. WhitneyFranklin County Court · 1897

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