Majority
p. 620The People of the State of New York ex rel. Anatole Lorraine, Appellant, against Lewis E. Lawes, as Warden of Sing Sing Prison, Respondent. Argued October 5, 1937; decided October 19, 1937.
Edward T. Tighe for appellant.
John J. Bennett, Jr., Attorney-General (Patrick H. Clune and Thomas H. McNamee of counsel), for respondent.
p. 621
Orders reversed, and matter remitted to the Court of General Sessions of the County of New York to determine upon a proper record whether relator was armed within the meaning of section 1944 of Penal Law at the time of the commission of the felony in question; and relator remanded for resentence. (People v. Caruso, 249 N. Y. 302 ; People v. Krennen, 264 N. Y. 108 .) No opinion.
Concur: Crane, Ch. J., Lehman, O’Brien, Httbbs, Loughran, Finch and Rippey, JJ.
Cases cited
- People v. Caruso 249 N. Y. 302 p. 621
- People v. Krennen 264 N. Y. 108 p. 621