PEOPLE v. McCORMICK


278 A.D. 410 (1951)

The People of the State of New York, Respondent, v. William J. McCormick, Appellant

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

June 29, 1951.


Attorney(s) appearing for the Case

Elliott E. Vose of counsel (Martin Erdmann with him on the brief; Florence M. Kelley, attorney), for appellant.

Chester E. Kleinberg of counsel (Richard G. Denzer with him on the brief; Frank S. Hogan, District Attorney), for respondent.

VAN VOORHIS and SHIENTAG, JJ., concur with HEFFERNAN, J.; COHN and CALLAHAN, JJ., dissent and vote to affirm, in opinion.


HEFFERNAN, J.

Defendant has appealed from a judgment of the Court of General Sessions convicting him of the crime of criminally concealing and withholding stolen property (Penal Law, § 1308) after trial before the court and a jury. Defendant was sentenced as a second felony offender to an indeterminate prison term of not less than five years nor more than six years which sentence he is now serving.

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