*900707). Proof of sentence by the South Carolina court under the robbery count not only would show the existence of a conviction but, impliedly, that the judge presiding, on the basis of the law in South Carolina, had made a judicial determination that the “ guilty ” verdict applied to the robbery count. A conviction and sentence under the robbery count would be regarded as a felony conviction in this State irrespective of the added larceny count in the indictment (People v. Love, 305 N. Y. 722; People ex rel. Gold v. Jackson, 5 N Y 2d 243; People ex rel. Knapp v. Jackson, supra). Nolan, P. J., Beldock, Ughetta, Christ and Pette, JJ., concur.
People v. McCray
Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1961-11-13
Citations: 14 A.D.2d 899
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