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PEOPLE v. VON GLAHN

283 A.D. 1116 (1954)

The People of the State of New York, Respondent, v. Charles Von Glahn, Appellant

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

June 28, 1954.

Judgment unanimously affirmed.

The County Court correctly decided that it had no power to suspend sentence or the execution of the judgment. Although appellant had been improperly adjudged a second felony offender in 1939, on the basis of his previous conviction in Kansas, he had, nevertheless, on the occasion of his sentence in that year admitted a previous conviction of a felony in this State. Consequently, the judgment...

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