People v. Shannon
| Decision Date | 30 November 1956 |
| Citation | 2 N.Y.2d 792,139 N.E.2d 430,158 N.Y.S.2d 334 |
| Parties | , 139 N.E.2d 430 PEOPLE, Appellant, v. Patrick SHANNON, a/k/a Patrick Augustine Shannon, true name Patrick Augustin Shannon, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 1 A.D.2d 226, 149 N.Y.S.2d 550.
Youthful offender proceedings. The County Court, Queens County, Peter T. Farrell, J., entered judgment adjudicating that defendant was a youthful offender, and the defendant appealed from the judgment and every intermediate order therein made.
The Appellate Division, Nolan, P. J., reversed the judgment, ordered a new trial, and held that though statute provides that adjudication that one is a youthful offender shall not be deemed a conviction, an adjudication, which involved finding that defendant was guilty of crime, and which carried with it the possibility of commitment and preservation of defendant's fingerprints, was a conviction within meaning of statute providing that an uncorroborated confession is insufficient to warrant a conviction.
The People of the State of New York appealed to the Court of Appeals, contending that an adjudication as a youthful offender is not a conviction of a crime, and that additional proof required by Section 395 of the Code of Criminal Procedure for conviction of crime is therefore not needed for such adjudication.
Frank D. O'Connor, Dist. Atty., of Jackson Heights (Benj. J. Jacobson, Asst. Dist. Atty., of New York City, Stephen J. Masse, Asst. Dist. Atty., of Jamaica, Eugene J. McMahon, Asst. Dist. Atty., of Richmond Hill, of counsel), for appellant.
John J. O'Reilly, of Forest Hills, for defendant-respondent.
Order affirmed.
All concur.
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