25 A.D.2d 510

The People of the State of New York, Respondent, v. Edward Diaz, Appellant.

Judgment appealed from unanimously reversed, on the law, to the extent of vacating the sentence imposed and remanding the ease for resentenee *511only. The verdict is not hereby disturbed. The commitment to Napanoeh was a conviction within the meaning of section 1941 of the Penal Law (People ex rel. Vischi v. Martin, 8 N Y 2d 63). The section referred to- deals with punishment, upon conviction, for a second or third offense of felony. If there were any doubt that the commitment in the case before us was also- a judgment entitling the defendant to maintain this appeal, such doubt is readily dissipated by the formal judgment entered herein. (t This being so, the Napanoeh commitment is necessarily governed, as is any other judgment, by the statutory provisions which pertain to proceedings following a verdict or plea of guilt ” (People ex rel. Vischi v. Martin, supra, p. 66).

Concur — Breitel, J. P., McNally, Stevens, Eager and Steuer, JJ.

People v. Diaz
25 A.D.2d 510

Case Details

Name
People v. Diaz
Decision Date
Feb 15, 1966
Citations

25 A.D.2d 510

Jurisdiction
New York

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!