New York Court of Appeals, 1961

People v. Johnson

People v. Johnson
New York Court of Appeals · Decided November 16, 1961
10 N.Y.2d 901; 179 N.E.2d 517

People v. Johnson

Opinion of the Court

Judgment affirmed, Although the resentencing procedure followed may have been erroneous, it is clear that the Federal crime of which appellant had been convicted would have been a felony under our State statutes if committed in New York; consequently, appellant has not been prejudiced and the judgment appealed from should be affirmed. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.

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