PEOPLE v. BENJAMIN


28 A.D.2d 106 (1967)

The People of the State of New York, Respondent, v. Arthur Benjamin, Appellant

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

July 6, 1967.


Attorney(s) appearing for the Case

Hyman Frank for appellant.

Laurence Leff of counsel (Michael Juviler with him on the brief; Frank S. Hogan, District Attorney), for respondent.

CAPOZZOLI and RABIN, JJ., concur with McGIVERN, J.; STEUER, J. P., dissents in an opinion in which TILZER, J., concurs.


McGIVERN, J.

The defendant at a Special and Trial Term of the Supreme Court unsuccessfully sought to have set aside a sentence previously imposed on him wherein he was adjudged a second felony offender. The predicate of the finding was a general military court-martial which had resulted in a conviction of the defendant on June 27, 1943, for assault with intent to commit murder. At that time the defendant was...

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