People ex rel. Aiello v. Snyder

The question here involved is whether a previous commitment to Napanoch, which is an institution for the care of male defective delinquents, can be declared to be a conviction so as to increase relator’s imprisonment to that of a second offender under section 1941 of the Penal Law. Three learned judges have written careful opinions on the subject. The County Judge of Chautauqua County (People v. Eckert, 179 Misc. 181) and a Judge of the Court of General Sessions of the County of New York (People v. Miceli, 179 Misc. 705), have answered the question in the negative. The County Judge of Kings…