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People v. Johnson

Court of Appeals of the State of New York
Nov 16, 1961
179 N.E.2d 517 (N.Y. 1961)

Opinion

Argued October 17, 1961

Decided November 16, 1961

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, EUGENE G. SCHULZ, J.

John M. O'Hara and Anthony F. Marra for appellant.

Isidore Dollinger, District Attorney ( Walter E. Dillon of counsel), for respondent.


Judgment affirmed. Although the resentencing procedure followed may have been erroneous, it is clear that the Federal crime of which appellant had been convicted would have been a felony under our State statutes if committed in New York; consequently, appellant has not been prejudiced and the judgment appealed from should be affirmed. No opinion.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.


Summaries of

People v. Johnson

Court of Appeals of the State of New York
Nov 16, 1961
179 N.E.2d 517 (N.Y. 1961)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERMAN JOHNSON…

Court:Court of Appeals of the State of New York

Date published: Nov 16, 1961

Citations

179 N.E.2d 517 (N.Y. 1961)
179 N.E.2d 517
223 N.Y.S.2d 516