PEOPLE v. OLAH


300 N.Y. 96 (1949)

The People of the State of New York, Respondent, v. Frank Olah, Appellant.

Court of Appeals of the State of New York.

Decided December 2, 1949


Attorney(s) appearing for the Case

Samuel Silverman, Samuel Bonom and Bernice E. Silverman for appellant.

Frank S. Hogan, District Attorney (Whitman Knapp and Edwin C. Hoyt, Jr., of counsel), for respondent.

Nathaniel L. Goldstein, Attorney-General (Herman N. Harcourt and Wendell P. Brown of counsel), amicus curiæ, for affirmance.

LOUGHRAN, Ch. J., DESMOND and BROMLEY, JJ., concur with FULD, J.; CONWAY, J., dissents in opinion in which LEWIS and DYE, JJ., concur.


FULD, J.

Treated by the Court of General Sessions of New York County as a second felony offender, the defendant Olah challenges the validity of the sentence imposed upon him. The Appellate Division, two justices dissenting, upheld it. In this court, the District Attorney, with commendable candor, has expressed agreement with the position taken by the defendant, while the Attorney-General — appearing at the...

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