New York Court of Appeals
In the Matter of Charles J. Dodd, as District Attorney of Kings County, Respondent, Against George W. Martin…
June 12, 1928248 N.Y. 394
Summary
The Court of Appeals affirmed the mandamus requiring the lower court to set aside the defendant's original guilty plea and sentence, and to resentence him under the Baumes Laws provisions of Penal Law §§1942 and 1943 because the original sentence as a first offender was illegal.