Opinion

People Ex Rel. Atkins v. Jennings

  • 248 N.Y. 46
  • 161 N.E. 326
  • 1928 N.Y. LEXIS 1221
Court
New York Court of Appeals
Filed
May 1, 1928
Status
Published
Author
Crane
On the bench
Crane, Pound
Cited by
42 cases

The opinion

Crane, J.

(dissenting). I dissent. When it appeared that the relator was convicted and sentenced for larceny to State prison in Michigan for a possible five years, it can hardly be that the crime was a misdemeanor if committed here. If it were the prisoner could have shown it. He remained silent although he had a hearing.

Cardozo, Ch. J., Lehman, Kellogg and O’Brien, JJ., concur with Pound, J., Crane, J., dissents in memorandum; Andrews, J., not sitting.

Order affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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