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PEOPLE v. JOHN

12 A.D.2d 479 (1960)

The People of the State of New York, Respondent, v. Cyril John, Appellant

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

November 29, 1960

Judgment of conviction affirmed.

McNally, J. (dissenting).

In the light of the extent of the punishment provided for habitual offenders by chapter 549 of the Laws of 1960 adding section 998 to the Penal Law, effective September 1, 1960, I vote to modify the judgment of conviction by reducing the sentence to the time already served on the ground that the sentence is excessive, and to affirm the judgment...

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