PEOPLE v. MAWBEY


4 A.D.2d 924 (1957)

The People of the State of New York, Respondent, v. Robert Francis Mawbey, Appellant

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

October 19, 1957


Defendant appeals from an order dismissing a proceeding to review a sentence as a second offender upon a conviction of manslaughter, first degree, in Washington County on October 16, 1951. He argues that the prior conviction in 1946 in Dutchess County for grand larceny, second degree was not a conviction for felony because the sentence imposed thereon was not in State's prison, but six months in jail. The test governing whether or not a person convicted of a felony may be...

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