People v. Johnson — 10 N.Y.2d 901

Majority

p. 901

The People of the State of New York, Respondent, v. Herman Johnson, Appellant.

Argued October 17, 1961;

decided November 16, 1961.

p. 902

John M. O’Hara and Anthony F. Marra for appellant.

Isidore Dollinger, District Attorney (Walter E. Dillon of counsel), for respondent.

Judgment affirmed, Although the resentencing procedure followed may have been erroneous, it is clear that the Federal crime of which appellant had been convicted would have been a felony under our State statutes if committed in New York; consequently, appellant has not been prejudiced and the judgment appealed from should be affirmed. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.