MATTER OF COOPER v. MAILLER


1 A.D.2d 279 (1956)

In the Matter of Roy Cooper, Appellant, v. Lee B. Mailler, as Chairman of The Board of Parole of the State of New York, and Thomas J. McHugh, Commissioner, Department of Correction, Respondents

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

March 21, 1956.


Attorney(s) appearing for the Case

Roy Cooper, appellant in person.

Jacob K. Javits, Attorney-General (James O. Moore, Jr., Joseph H. Murphy, Paul C. Reuss and Manuel T. Murcia of counsel), for respondents.

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


HALPERN, J.

The petitioner was convicted of robbery in the first degree on December 3, 1935, and, on December 24, 1935, he was sentenced as a second felony offender to imprisonment for a definite term of thirty-five years, five years of the term being imposed for committing the crime of robbery while armed.

Under section 2125 of the Penal Law, as amended by chapter 275 of the Laws of 1932, the crime of...

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