PEOPLE EX REL. LA MERE v. JACKSON


9 A.D.2d 843 (1959)

The People of the State of New York ex rel. George F. La Mere, 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.

November 17, 1959


On January 11, 1939 the relator plead guilty to forgery, second degree and was sentenced as a second felony offender to from 10 to 20 years. In October, 1957 the relator was granted a writ of habeas corpus based on the noncompliance with section 472 of the Code of Criminal Procedure and on November 21, 1957 he was resentenced to a term of from 2½ to 5 years. Thereafter on motion of the District Attorney alleging that the sentence then imposed was illegal the relator...

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