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People v. Birmingham

Court of Appeals of the State of New York
Oct 28, 1965
212 N.E.2d 780 (N.Y. 1965)

Summary

In People v. Birmingham (16 N.Y.2d 984, supra), the defendant was convicted of conspiracy to commit robbery and of attempted robbery and was sentenced to consecutive terms therefor.

Summary of this case from People ex Rel. Gallo v. Greenhaven

Opinion

Argued September 20, 1965

Decided October 28, 1965

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JAMES C. CRANE, J.

David I. Goldblatt and Anthony F. Marra for appellant.

John M. Braisted, Jr., District Attorney ( Pasquale E. Di Vernieri of counsel), for respondent.


Judgment modified and matter remitted to the Supreme Court, Richmond County, so as to provide for the imposition of a sentence to run concurrently instead of consecutively and, as so modified, affirmed. (Penal Law, § 1938.) No opinion.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE and BERGAN. Judges DYE and SCILEPPI dissent and vote to affirm. (See People ex rel. Maurer v. Jackson, 2 N.Y.2d 259; People v. Erickson, 302 N.Y. 461; cf. People v. Di Lapo, 14 N.Y.2d 170. ) The consecutive sentence was permissible under section 1938 of the Penal Law.


Summaries of

People v. Birmingham

Court of Appeals of the State of New York
Oct 28, 1965
212 N.E.2d 780 (N.Y. 1965)

In People v. Birmingham (16 N.Y.2d 984, supra), the defendant was convicted of conspiracy to commit robbery and of attempted robbery and was sentenced to consecutive terms therefor.

Summary of this case from People ex Rel. Gallo v. Greenhaven
Case details for

People v. Birmingham

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCIS BIRMINGHAM…

Court:Court of Appeals of the State of New York

Date published: Oct 28, 1965

Citations

212 N.E.2d 780 (N.Y. 1965)
212 N.E.2d 780
265 N.Y.S.2d 295

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