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eBook details

• Title: People State New York v. William Watson
• Author : Supreme Court of New York
• Release Date : January 10, 1963
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Defendant, who pleaded guilty to a misdemeanor, contends that the court abused its discretion in sentencing him pursuant to article 7-A of the Correction Law -- a sentence which is forbidden for any convicted person who is ""mentally or physically incapable of being substantially benefited"" by reformatory treatment (Correction Law, § 203) because (1) his prior criminal record shows that he is not capable of reformation; and (2) the court in fact, although not in haec verba, made a finding of incorrigibility. In People v. Gross (5 N.Y.2d 131, 133), the Court of Appeals unanimously approved the views on this subject stated as follows in the minority opinion in People ex rel. Kern v. Silberglitt (4 N.Y.2d 59, 67-68): ""In our opinion, then, the proper rule is that where there is no statement of the sentencing Judge, the sentence is conclusively presumed to be valid. The rule

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