Majority
p. 621The People of the State of New York, Respondent, v. Otto Cart, Appellant.
Judgment of conviction and order of the County Court of Nassau county affirmed. No opinion. Young, Kapper, Scudder and Tompkins, JJ., concur; Lazansky, P. J., dissents upon the ground that since it is conceded that defendant was convicted on his plea of guilty of burglary in the third degree as a first offense, he could not, under section 1943 of the Penal Law, be sentenced as a second offender, where, in the case of his first conviction, sentence was suspended. (People ex rel. Marcley v. Lawes, 254 N. Y. 249 .)
Cases cited
- People ex rel. Marcley v. Lawes 254 N. Y. 249 p. 621