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People v. Davis

28 N.Y. Crim. 421 Court SUPREME COURT—APP. DIVISION—FIRST DEPT., Decision date 1912-07-11 English

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p. 421
SUPREME COURT—APP. DIVISION—FIRST DEPT.,
July 11, 1912.
THE PEOPLE v. JOSEPH DAVIS.
(139 Supp. 643.)

Headnote

Appeal—Decisions beviewable.
Where sentence is suspended, and no judgment is rendered, there can be no appeal from the conviction.
Appeal from Court of Special Sessions, Hew York County.
Joseph Davis was convicted of crime, and he appeals. On motion to dismiss appeal. Appeal dismissed.
Argued before Ingraham, P. J. and McLaughlin, Laugh-lot, Milleb and Dowling, JJ.
Robert 0. Taylor, assistant district attorney, of Hew York City, for the motion.
Lester W. Eisenberg, of Hew York City, opposed.

In this case sentence was suspended by the court, and no judgment was ever rendered. Thereafter, and on June 24, 1912, a notice of appeal to this court was served. As the sentence was suspended there was no judgment of conviction, and it was held in People v. Flaherty, 126 App. Div. 65 , 22 N. Y. Crim. 372 , 110 N. Y. Supp. 699 , and People v. Markham, 114 App. Div. 387 , 20 N. Y. Crim. 278 , 99 N. Y. Supp. 1092 , that there could be no appeal from a conviction in the absence of a judgment.-

The motion is therefore granted, and the appeal dismissed.

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