New York Court of Appeals, 1947

People Ex Rel. Milton v. Jackson

People Ex Rel. Milton v. Jackson
New York Court of Appeals · Decided November 20, 1947
77 N.E.2d 15; 297 N.Y. 708; 1947 N.Y. LEXIS 1165 (North Eastern Reporter, Second Series)

People Ex Rel. Milton v. Jackson

Opinion of the Court

*710 Orders reversed, and writ sustained to the extent that the matter is remitted to the Court of General Sessions of the County of New York for determination, upon a proper record, of whether relator was armed within the meaning of section 1944 of the Penal Law at the time of the commission of the felony for which he was. punished, and relator remanded for resentence in accordance with such determination. No opinion.

Concurs Loughean, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Fuld, JJ.

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