People State New York v. Eugene J. Lynch

With reference to the 1947 conviction, a jury had returned a verdict of guilty against appellant upon a charge of robbery in the first degree. It appeared that a sentence as a second offender would be required and, according to the sentencing courts own words, that it would be a "mal-administration of justice to pronounce the extreme sentence I would have to pronounce." This situation had been anticipated by the court and counsel and, pursuant to a prior arrangement, counsel moved to set aside the jurys verdict on condition that appellant plead guilty to robbery in the third degree. The court granted the motion and imposed the sentence, in 1947. Appellant now [40 A.D.2d 856 Page 857]