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PEOPLE EX REL. KENNY v. JACKSON

4 N.Y.2d 229 (1958)

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

Court of Appeals of the State of New York.

Decided April 3, 1958.

Attorney(s) appearing for the Case

Joseph Aronstein for appellant.

Louis J. Lefkowitz, Attorney-General (J. Bruce MacDonald and John R. Davison of counsel), for respondent.

Judges DESMOND, DYE and FULD concur with Judge BURKE; Chief Judge CONWAY dissents in an opinion in which Judges FROESSEL and VAN VOORHIS concur.

BURKE, J.

After a conviction of third degree burglary defendant was sentenced to the Elmira Reformatory for an indefinite term with a maximum of 10 years. He served under this sentence until August 29, 1941 when he was paroled. While on parole defendant was convicted of a new felony and sentenced to a term of 5 to 10 years in State prison. He was declared delinquent by...

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