Appellate Division of the Supreme Court of New York, 1961

People v. McCray

People v. McCray
Appellate Division of the Supreme Court of New York · Decided November 13, 1961
14 A.D.2d 899; 221 N.Y.S.2d 250; 1961 N.Y. App. Div. LEXIS 8021
People v. McCray

Opinion of the Court

*900707). Proof of sentence by the South Carolina court under the robbery count not only would show the existence of a conviction but, impliedly, that the judge presiding, on the basis of the law in South Carolina, had made a judicial determination that the “ guilty ” verdict applied to the robbery count. A conviction and sentence under the robbery count would be regarded as a felony conviction in this State irrespective of the added larceny count in the indictment (People v. Love, 305 N. Y. 722; People ex rel. Gold v. Jackson, 5 N Y 2d 243; People ex rel. Knapp v. Jackson, supra). Nolan, P. J., Beldock, Ughetta, Christ and Pette, JJ., concur.

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