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PEOPLE EX REL. MERRILL v. JACKSON

7 A.D.2d 166 (1958)

The People of the State of New York ex rel. John Merrill, 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.

December 30, 1958.

Attorney(s) appearing for the Case

John Merrill, appellant in person.

Louis J. Lefkowitz, Attorney-General (Paxton Blair and Winifred C. Stanley of counsel), for respondent.

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

Per Curiam.

Relator's sentence, imposed October 5, 1953, as later modified by the court (286 App. Div. 307) consisted of two indeterminate terms to run consecutively — the first of two and one-half to five years; the second of one to two years.

The Board of Parole computed the aggregate minimum sentence to be three and one-half years and the aggregate maximum seven years. The aggregate minimum as calculated...

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