PEOPLE EX REL. GARRETT v. JACKSON


281 A.D. 938 (1953)

The People of the State of New York ex rel. Walter Joseph Garrett, Appellant, v. J. Vernel Jackson, as Warden of Clinton Prison, Respondent

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

March 18, 1953.


On the same day, the record shows, this sentence was revoked. Five days later, but during the same term of the court, and before the relator had commenced the service of sentence that had been imposed, the court sentenced relator to seven and one-half to fifteen years. Before the actual service of the sentence had begun and during the same term, the court had the right to revoke the sentence and to impose a new sentence. (People v. Friona, 23 N.Y.S.2d 631.) The historic...

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