People v. Holland — 305 N.Y. 617

Majority

p. 617

The People of the State of New York, Respondent, v. John W. Holland, Appellant.

Argued January 14, 1953;

decided March 6, 1953.

p. 618

Stewart T. Schants for appellant.

Frank A. Gulotta, District Attorney (Henry P. De Vine of counsel), for respondent.

p. 619

Judgments reversed and matter remitted to the County Court of Nassau County for the resentencing of defendant as a first offender for the reasons set forth in the dissenting opinion in the Appellate Division. No opinion.

Concur: Loughran, Oh. J., Lewis, Conway, Desmond, Fuld and Froessel, JJ. Dye, J., dissents and votes to affirm for the reason that the Federal conviction was for a crime which, if committed in New York State, would have constituted a felony under subdivision 1 of section 2460 of the Penal Law.