PEOPLE v. SCHWARTZ


2 A.D.2d 632 (1956)

The People of the State of New York, Respondent, v. Gerhardt Schwartz, Appellant

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

May 10, 1956


Appellant was sentenced together with Raymond Fisher, whose appeal is considered herewith, to 20 to 30 years as a second offender for robbery, first degree. That he is a second offender is not in dispute; but since the judgment in Fisher's case is being reversed because the prior offense is not considered a felony in New York, and it was the manifest intention of the County Court to treat this defendant and Fisher together, the judgment is reversed in the interest of justice...

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