143 N.Y.S. 233 | N.Y. App. Div. | 1913
The relator was convicted in the City Court of Buffalo, sitting as a Court of Special Sessions, of the crime of petit larceny. He was thereupon sentenced to be confined in the Erie County Penitentiary for a term of 240 days. It is claimed by the relator that the sentence exceeded that which the City Court, sitting as a Court of Special Sessions, could within constitutional limitations be given the power to impose, and was for that reason void.
The crime of which defendant was convicted was a misdemeanor (Penal Law, §1299); and in the first instance was within the exclusive jurisdiction of the City Court of Buffalo, sitting as a Court of Special Sessions of the city of Buffalo, to hear and determine. (Laws of 1909, chap. 510, § 10, as amd. by Laws of 1910, chap. 228.) The court being a Court of Special Sessions, before the amendment above referred to the judgment which might be imposed by the court upon conviction of a defendant was limited by the provisions of section 711 of the Code of Criminal Procedure, and could not exceed a fine of fifty dollars and imprisonment for six months. That amendment in terms gave the court 1 ‘ power to impose and enforce sentence of fine or imprisonment, or both, in the discretion of the court, in all cases within its jurisdiction, upon conviction, to the same extent as the County Court of the county of Erie could do in like cases. ”
It is, however, urged that because no greater jurisdiction
The order should be affirmed.
All concurred.
Order affirmed.