From Casetext: Smarter Legal Research

People v. Kaplan

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 6, 1926
217 App. Div. 252 (N.Y. App. Div. 1926)

Opinion

October 6, 1926.

Appeal from County Court of the County of Oneida.

D. Francis Searle, for the appellant.

Charles L. DeAngelis [ John J. McGinty of counsel], for the respondent.


We are of the opinion that the magistrate under the exception contained in section 5 Jud. of the Judiciary Law had the power on Sunday to receive the plea of guilty of the offense charged against this defendant under subdivision 4 of section 887 of the Code of Criminal Procedure. ( People ex rel. Burke v. Fox, 150 App. Div. 114; affd., 205 N.Y. 490.) However, in this case, inasmuch as the defendant was a minor and it was her first conviction, we have determined to exercise the discretionary power vested in appellate courts by section 543 of the Code of Criminal Procedure and to reduce the sentence to the time already served. ( People v. Byrne, 194 App. Div. 919.)

All concur. Present — HUBBS, P.J., DAVIS, SEARS, CROUCH and TAYLOR, JJ.

Order and judgment of conviction modified by reducing the sentence to the time already served, and as so modified affirmed.


Summaries of

People v. Kaplan

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 6, 1926
217 App. Div. 252 (N.Y. App. Div. 1926)
Case details for

People v. Kaplan

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JENNIE KAPLAN…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Oct 6, 1926

Citations

217 App. Div. 252 (N.Y. App. Div. 1926)
217 N.Y.S. 763

Citing Cases

People v. Warner

Prior to this amendment a conviction on Sunday for the offense described here was absolutely void. ( People…