People v. Bennett
| Decision Date | 10 June 1964 |
| Citation | 14 N.Y.2d 851,200 N.E.2d 632,251 N.Y.S.2d 966 |
| Parties | , 200 N.E.2d 632 The PEOPLE, etc., Appellant, v. Donald A. BENNETT, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Third Department, 19 A.D.2d 929, 244 N.Y.S.2d 547.
Defendant was convicted of attempted rape and was sentenced as a second felony offender. The Broome County Court, Louis M. Greenblott, J., entered judgment, and the defendant appealed.
The Appellate Division reversed the judgment, remanded the case, and held that the sentencing judge was disqualified under Section 14 of the Judiciary Law, Consol.Laws, c. 30, because he was present in court in his then capacity as assistant district attorney when defendant was convicted of the prior felony underlying the sentence as a second felony offender.
The People of the State of New York appealed to the Court of Appeals by permission of an Associate Judge of the Court of Appeals.
Stephen Smyk, Binghamton (Herbert A. Kline, Binghamton, of counsel), for appellant.
Order reversed and judgment of the Broome County Court reinstated. The sentencing judge was not disqualified (see People ex rel. Stickle v. Fay, 14 N.Y.2d 683, 249 N.Y.S.2d 879, 198 N.E.2d 909).
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