Judgment reversed on the law and a new trial granted.
The findings of fact implicit in the jury's verdict are affirmed. The indictment charged the carrying of a dangerous weapon as a felony because defendant had a previous criminal record. In the absence of such record, this crime would have constituted a misdemeanor under the statute then in effect (Penal Law, § 1897, subd. 1). The prior record was pleaded in the indictment; at that time such pleading was proper...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
