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PEOPLE EX REL. STOKROCKI v. FAY

8 A.D.2d 984 (1959)

The People of the State of New York ex rel. Robert Stokrocki, Appellant, v. Edward M. Fay, as Warden of Green Haven Prison, Respondent

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

July 28, 1959

Order unanimously affirmed, without costs.

The affirmance is on the ground that the application is premature, as concededly under no circumstances is appellant entitled to be discharged. (People ex rel. Young v. Fay, 278 App. Div. 774, motion for leave to appeal denied 302 N.Y. 951.) On the merits, however, we are of the opinion that the sentence imposed by the County Court on the 1951 conviction was a reformative sentence with a maximum of 5 years, that the...

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