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PEOPLE EX REL. DE PASQUALE v. McMANN

8 A.D.2d 662 (1959)

The People of the State of New York ex rel. Joseph De Pasquale, Respondent, v. Daniel McMann, as Acting Warden of Clinton Prison, Appellant

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

April 23, 1959

On November 17, 1936, relator was sentenced as a first felony offender. On December 1, 1939, he was sentenced to from 10 to 20 years as a second offender; and, on November 6, 1950, he was sentenced to from 40 to 60 years as a third offender. He is now imprisoned pursuant to this last sentence. The court below has upheld relator's contention that at the time of his sentence on November 17, 1936 he was not asked whether he had any legal cause to show why judgment should not...

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