People v. Pariser
| Citation | 163 N.E.2d 149,7 N.Y.2d 779,194 N.Y.S.2d 46 |
| Parties | , 163 N.E.2d 149 PEOPLE, Respondent, v. Marvin PARISER, Appellant. |
| Decision Date | 19 November 1959 |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 8 A.D.2d 825, 190 N.Y.S.2d 332.
Defendant was convicted of first degree robbery, petit larceny, and assault in the second degree. The County Court, Kings County, Samuel S. Leibowitz, J., entered judgment, and defendant was given a sentence of 30 to 60 years as a third felony offender, and he appealed.
The Appellate Division unanimously affirmed the judgment without opinion.
The defendant appealed to the Court of Appeals, and motion was made in the Court of Appeals to have the appeal heard on the original record and for assignment of counsel, and motion was also made for enlargement of time.
The Courts of Appeals, 6 N.Y.2d 989, 191 N.Y.S.2d 964, granted motion to have the appeal heard on the original record and for assignment of counsel and assigned Miss Florence M. Kelley, of 100 Centre Street, New York City, as counsel for the defendant on the appeal, and granted motion for enlargement of time and set the case down for argument during the October, 1959, session of the Court of Appeals.
Defendant contended in the Court of Appeals that since the victim of the theft testified that he was not put in fear at time property was stolen and that since no force was used against person of victim, the defendant was not guilty of robbery, and that robbery charge was defective, and that assault conviction was improper.
Judgment affirmed.
All concur.
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