PEOPLE v. LYNCH


40 A.D.2d 856 (1972)

The People of the State of New York, Respondent, v. Eugene J. Lynch, Appellant

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

November 20, 1972


Judgments affirmed.

With reference to the 1947 conviction, a jury had returned a verdict of guilty against appellant upon a charge of robbery in the first degree. It appeared that a sentence as a second offender would be required and, according to the sentencing court's own words, that it would be a "maladministration of justice to pronounce the extreme sentence I would have to pronounce." This situation had been anticipated by the court and counsel and, pursuant...

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