New York Court of Appeals, 1965

People v. Birmingham

New York Court of Appeals · Decided October 28, 1965

16 N.Y.2d 984; 212 N.E.2d 780; 265 N.Y.S.2d 295; 1965 N.Y. LEXIS 1053

Cases that cite this one

1 later published case cites this decision.

People v. Hatch (Appellate Division of the Supreme Court of New York 1984)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

*985 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.