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People ex Rel. Corkum v. Wilson

Appellate Division of the Supreme Court of New York, Third Department
Mar 18, 1942
263 App. Div. 1046 (N.Y. App. Div. 1942)

Opinion

March 18, 1942.

Present — Hill, P.J., Crapser, Bliss, Heffernan and Foster, JJ.


Appeal from an order dismissing a writ of habeas corpus. Appellant was convicted under one indictment of the crime of attempted rape, second degree, of assault, second degree, and endangering the life and health of a child. Upon the conviction for attempted rape he was given an indeterminate sentence of from two and a half to five years. On the other charges sentence was suspended. Appellant claims he should have been prosecuted for the carnal abuse of a child, under section 483-b of the Penal Law, which is only a misdemeanor unless the person charged has been previously convicted of a similar crime. Apparently appellant might have been prosecuted either for attempted rape, second degree, or for the carnal abuse of a child. (Penal Law, § 1938.) The People were not obliged to choose the lesser offense. Order unanimously affirmed, without costs.


Summaries of

People ex Rel. Corkum v. Wilson

Appellate Division of the Supreme Court of New York, Third Department
Mar 18, 1942
263 App. Div. 1046 (N.Y. App. Div. 1942)
Case details for

People ex Rel. Corkum v. Wilson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. ARTHUR CORKUM, Appellant, v…

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

Date published: Mar 18, 1942

Citations

263 App. Div. 1046 (N.Y. App. Div. 1942)