New York Court of Appeals

The People of the State of New York, Respondent v. Francesco Caruso, Appellant

November 20, 1928249 N.Y. 302

Summary

The Court affirmed the judgment, holding that section 1944 of the Penal Law applies to Caruso because he was armed with a dangerous knife during the commission of manslaughter, and that a jury trial is not required to determine the facts that trigger the additional penalty. The additional five‑to‑ten‑year sentence was therefore proper.