PEOPLE v. SWINSON


284 A.D. 284 (1954)

The People of the State of New York, Respondent, v. Theodore Swinson, Appellant

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

June 15, 1954.


Attorney(s) appearing for the Case

Theodore Swinson, appellant in person.

Paul A. Stone of counsel (Richard G. Denzer and Charles W. Manning with him on the brief; Frank S. Hogan, District Attorney), for respondent.

DORE, J. P., COHN, CALLAHAN and BOTEIN, JJ., concur.


BASTOW, J.

The issue here presented is whether the defendant was properly sentenced as a fourth felony offender upon his conviction of the crime of manslaughter in the first degree. The information filed by the People pursuant to sections 1942 and 1943 of the Penal Law charged that the defendant had thrice previously in North Carolina in 1934, 1936 and 1938 been convicted of the crimes of burglary and that those...

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