PEOPLE EX REL. SMALL v. SHAW


279 A.D. 59 (1951)

The People of the State of New York ex rel. George Small, Appellant, v. Francis C. Shaw, as Director of Dannemora State Hospital, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 14, 1951.


Attorney(s) appearing for the Case

George Small, appellant in person.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General, Herman N. Harcourt and Raymond B. Madden of counsel), for respondent.

FOSTER, P. J., HEFFERNAN, BERGAN and COON, JJ., concur.


BREWSTER, J.

In this habeas corpus proceeding relator attacks that part of the sentence and judgment under which he is imprisoned which imposed upon him an additional punishment of ten years' imprisonment under section 1944 of the Penal Law, for having been "armed" in the commission of the felony whereof he was convicted after trial by jury. His conviction in question was for an unlawful escape from State Prison at Auburn, N. Y., and the indictment therefor...

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