The People of the State of New York, Respondent v. George Fabian, Appellant

Summary

The Court examined the meaning of “convicted” in the New York Constitution and election statutes and held that the term requires a final judgment of conviction based on a guilty verdict. Because the defendant’s sentence was suspended and no judgment entered, he was not “convicted” for purposes of disenfranchisement. The appellate division’s reversal was therefore set aside and the lower court’s demurrer was affirmed.