PEOPLE EX REL. POWERS v. JACKSON


8 A.D.2d 662 (1959)

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

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

April 23, 1959


The court below held that the prior conviction was on that account invalid and directed that relator be remanded for resentence as a first offender. Our holding in People ex rel. De Pasquale v. McMann (8 A.D.2d 662) is determinative of this appeal as well.

Order reversed on the law and the facts and writ dismissed,...

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