New York Court of Appeals

The People of the State of New York v. Samuel Rosen

April 15, 1913208 N.Y. 169

Summary

The New York Court of Appeals held that a defendant cannot be adjudged a habitual criminal when the indictment does not charge a second offense, even if a prior conviction is revealed on examination under section 485a. The court also held that the same examination may be used to impose a fixed term sentence instead of the indeterminate sentence normally available to first offenders.