People v. Thiel

• Decision Date: 08 October 1969
• Citation: 305 N.Y.S.2d 145,25 N.Y.2d 926,252 N.E.2d 626
• Parties: , 252 N.E.2d 626 PEOPLE, etc., Respondent, v. Herbert Godfrey THIEL, Jr., Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 145

305 N.Y.S.2d 145

25 N.Y.2d 926, 252 N.E.2d 626

PEOPLE, etc., Respondent, v. Herbert Godfrey THIEL, Jr., Appellant.

Court of Appeals of New York.

Oct. 8, 1969.

Appeal from Supreme Court, Appellate Division, Fourth Department, 29 A.D.2d 913, 289 N.Y.S.2d 879.

The defendant was convicted on nine counts of forgery in the second degree and one count of grand larceny in the first degree.

The Herkimer County Court, Edmond A. McCarthy, J., rendered judgment.

The Appellate Division, 26 A.D.2d 897, 274 N.Y.S.2d 417, reversed and granted a new trial.

On second trial defendant was convicted in the Herkimer County Court, Edmond A. McCarthy, J., of eight counts of second degree forgery and one count of second degree grand larceny and was sentenced to terms totalling 15 to 25 years, though at first trial he was sentenced only to terms totalling 10 to 20 years.

The Appellate Division, 29 A.D.2d 913, 289 N.Y.S.2d 879, entered a judgment March 28, 1968 which modified, on the law and the facts and in exercise of discretion, and, as modified, affirmed the judgment of the Herkimer County Court.

The Appellate Division held that at second trial a more severe punishment should not have been inflicted on defendant.

The defendant appealed to the Court of Appeals by permission of an Associate Judge of the Court of Appeals.

Judgment affirmed. The sentence imposed was within the competence of the court. If the defendant is to be given any relief, it must be by way of executive clemency.

All concur.