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People v. Seager

The People of the State of New York v. Henry A. Seager

People v. Seager, 11 Misc. 2d 261 (1958)
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Court
New York County Courts · State Trial Courts
Decided
March 13, 1958
Judges
Ogden
Citations
11 Misc. 2d 261171 N.Y.S.2d 5541958 N.Y. Misc. LEXIS 3709

Opinion of the Court — Ogden

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George D. Ogden, J.

Defendant was convicted September 19, 1956 of a violation of section 483-b of the Penal Law — carnal abuse of a child; defendant had previously been convicted of sodomy in the first degree, and was thereupon sentenced as a second felony offender. Defendant’s first motion — to set aside the jury’s verdict of guilty of the present charge — is, in all respects denied, as the defendant could have raised any question regarding such conviction by the appropriate remedy of an appeal.

The crime of which the defendant was convicted became a felony through operation of law. A violation of section 483-b is a misdemeanor unless the person violating that section has previously been convicted of certain misdemeanors or felonies, including sodomy, when the violation becomes a felony. Since defendant had previously been convicted of a felony, he became a second felony offender, and the sentence imposed was correct. (See People v. Jarvis, 260 App. Div. 834 .) Defendant’s application for a resentence is, in all respects, also denied.

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How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1975: 11979: 119752026peak 1975 · 1

Relies on it most ⓘ

  1. Ronald F. Goodloe v. Robert Parratt, Warden, Nebraska Penal & Correctional Complex605 F.2d 1041 (8th Cir. 1979)
  2. People v. Vernon83 Misc. 2d 1025 (N.Y. Sup. Ct. 1975)

Most recent

  1. Ronald F. Goodloe v. Robert Parratt, Warden, Nebraska Penal & Correctional Complex605 F.2d 1041 (8th Cir. 1979)
  2. People v. Vernon83 Misc. 2d 1025 (N.Y. Sup. Ct. 1975)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
People v. Jarvis, 260 A.D. 834 (1940) 1

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