The following excerpt is from People v. Webster, 201 Misc. 239 (N.Y. Dist. Ct. 1951):
In People ex rel. Forsyth v. Court of Sessions (141 N.Y. 288) the court interpreting section 12 of the Penal Law said (pp. 293-294): "This provision was not intended to, and did not abrogate any power over the judgment which the courts possessed before. The provision is declaratory of the law as it always existed, for it was always the duty of the court to
[201 Misc. 241]
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