(DOWNLOAD) "People State New York v. William Carl Auth" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. William Carl Auth
- Author : Supreme Court of New York
- Release Date : January 06, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Memorandum: Defendant was tried in Onondaga County Court on six counts of forgery in the second degree, found guilty by a jury on all six counts and sentenced on July 1, 1955 to a term of not less than five years nor more than 15 years. Subsequently, defendant made an application to be resentenced on the ground that he had not been informed of his right to appeal. Following a hearing held pursuant to People v. Montgomery (24 N.Y.2d 130), the court granted his request and, on June 15, 1970, it resentenced defendant, a second felony offender who was then on parole, to the term imposed by the original trial court. Defendant now appeals from that judgment of conviction seeking to have it vacated on the ground that a substantial part of the trial transcript is missing and, therefore, effective appellate review is impossible. The clerks minutes indicate that the People called three witnesses: Lee Mosher, Anna Madej and George Emerson; that the defendant called Harley Raymond Munn, and that Lee Mosher was recalled. The only available stenographical transcript contains the testimony of George Emerson and Harley Raymond [43 A.D.2d 790 Page 791]