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PEOPLE EX REL. MINGO v. MURPHY

11 Misc.2d 712 (1958)

The People of the State of New York ex rel. Herman Mingo, Relator, v. Robert E. Murphy, as Warden of Auburn Prison, Respondent.

Supreme Court, Trial and Equity Term, Cayuga County.

May 22, 1958.

Attorney(s) appearing for the Case

Herman Mingo, relator in person.

Louis J. Lefkowitz, Attorney-General (William S. Elder, Jr., of counsel), for respondent.

CARROLL M. ROBERTS, J.

Relator claims that he was improperly sentenced on March 12, 1951 under article 3-A of the Correction Law.

At the date of sentence subdivision 1 of section 61 of the Correction Law, as amended by chapter 198 of the Laws of 1947, provided as follows: "1. Any male offender between the ages of sixteen and twenty-one years, convicted on or after November first, nineteen hundred forty...

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