PEOPLE v. WASHINGTON


278 A.D. 967 (1951)

The People of the State of New York, Appellant, v. Booker T. Washington, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 18, 1951.


Judgment reversed on the law and matter remitted to the County Court for resentencing of respondent as a second felony offender.

Respondent, prior to this conviction, had been convicted in the State of Georgia for the crime of "Stabbing". In our opinion, that crime, if committed within New York, would be a felony and, therefore, respondent should have been sentenced as a second felony offender pursuant to section 1941 of the Penal Law. Appeal, insofar as it is from...

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