Opinion
March 31, 1952.
Appeal from County Court, Kings County.
Present — Nolan, P.J., Carswell, Johnston, MacCrate and Schmidt, JJ. [ 201 Misc. 239.]
Subsequently she was adjudged a second felony offender upon admitting the facts contained in an information filed by the District Attorney. The court sentenced her to serve two to four years in the State prison for women and then suspended execution thereof. Thereafter, the court denied the District Attorney's motion to vacate and set aside the judgment of conviction and sentence. The People appeal from the judgment of conviction and the order, maintaining that the court had no power to suspend execution of judgment after a felony conviction of a person previously convicted of a felony. Judgment of conviction and order unanimously affirmed. In our opinion, the court had power to suspend execution of judgment under the circumstances present in this case.