From Casetext: Smarter Legal Research

People v. Vischi

Appellate Division of the Supreme Court of New York, Third Department
May 10, 1956
2 A.D.2d 636 (N.Y. App. Div. 1956)

Opinion

May 10, 1956

Present — Foster, P.J., Bergan, Coon, Zeller and Gibson, JJ.


Appeal from an order of the County Court of Chenango County at Special Term denying defendant's motion, upon an application in the nature of coram nobis, to vacate his sentence as a second offender. On November 25, 1940, in the County Court of Chenango County, upon conviction of the crime of burglary in the third degree, appellant was sentenced to imprisonment as a second felony offender. The claimed previous felony conviction was in the County Court of Oneida County in 1935, upon a charge of grand larcency in the first degree, and resulted in appellant's commitment to the Institution for Male Mental Defective Delinquents at Napanoch. Appellant contends that his plea of guilty in Oneida County and his commitment to Napanoch did not constitute a prior conviction within the meaning of section 1941 of the Penal Law. His contention is untenable. ( People ex rel. Mucciolo v. Snyder, 295 N.Y. 866.) If the commitment to the institution at Napanoch was improper or defective, appellant's remedy must be pursued in the County Court of Oneida County and his application was not properly made in Chenango County. ( People v. Wurzler, 300 N.Y. 344.) Order unanimously affirmed.


Summaries of

People v. Vischi

Appellate Division of the Supreme Court of New York, Third Department
May 10, 1956
2 A.D.2d 636 (N.Y. App. Div. 1956)
Case details for

People v. Vischi

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK VISCHI, Appellant

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 10, 1956

Citations

2 A.D.2d 636 (N.Y. App. Div. 1956)

Citing Cases

People v. Mitchell

Brandon E. Boutelle, Deputy Public Defender, Elizabethtown, for appellant. I. Essex County Court, the court…