I find no authority in either the Code of Criminal Procedure or the Penal Law, or in any other statute, which authorizes a court to indefinitely suspend the execution of the sentence after it has been pronounced, in a case like this. The provisions of the Code of Criminal Procedure and the Penal Law relating to placing on probation a criminal have no application to this case. Concededly, the defendant was not put upon probation. It is said that courts have inherent power under the common law to suspend the execution of judgment after it has been pronounced. Even so (although the Federal Supreme Court
In either view I think the order was proper. The order • revoking the suspension of execution of judgment and ordering its execution should be affirmed.
All concurred, except Foote and Lambert, JJ., who dissented in a memorandum by Lambert, J.