New York Court of Appeals, 1943

People v. Deleen

People v. Deleen
New York Court of Appeals · Decided April 15, 1943 · <italic>Per Curiam.</italic>
49 N.E.2d 152; 290 N.Y. 310; 1943 N.Y. LEXIS 1117 (North Eastern Reporter, Second Series)
People v. Deleen

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

*312 Per Curiam.

Under section 203 of the Correction Law, the court had power to impose upon appellant an indeterminate sentence of confinement in the penitentiary. Such a penitentiary sentence was, however, the limit of the punishment that could be meted out to the offender. He could not, in addition thereto, be ordered to pay a fine.

The judgments should be reversed and the matter remitted to the Court of Special Sessions, for the imposition on appellant of a lawful sentence.

Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur.

Judgments reversed, etc.

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