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eBook details

• Title: People State New York v. Joseph Sidoti
• Author : Supreme Court of New York
• Release Date : January 07, 1956
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

[1 A.D.2d 232 Page 233] Petitioner-appellant has appealed from the denial of his motion to set aside his sentence and for a resentence. Petitioner
was sentenced in October, 1937, as a second felony offender, his prior conviction having been in the State of Ohio. No question
is raised regarding the facts in connection with the prior conviction and sentence in Ohio. The sole issue apparent in the
moving papers is concerning the legal effect of the Ohio conviction, with respect to the charges filed against the petitioner
in that State, upon petitioner's sentence upon the New York conviction. The validity of the conviction in New York State is
not questioned in the moving papers, which disclose the sole relief asked by the petitioner to be that he be resentenced,
as a first felony offender. This motion is predicated upon purported errors, either in the Ohio court or in the New York court's
erroneous interpretation of the prior Ohio conviction. However, no error of fact appears, and the error, if at all, was one
of law. Further, it being axiomatic that we may not pass upon the legality or validity of the prior foreign judgment of conviction,
the sole error upon which a resentence might rest would be that of the New York court.

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