PEOPLE EX REL. BATTLE v. JOHNSTON


12 A.D.2d 564 (1960)

The People of the State of New York ex rel. John Joseph Battle, Appellant, v. W. Cecil Johnston, as Director of Dannemora Hospital, Respondent

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

November 4, 1960


The relator was indicted for the crimes of assault, second degree, abduction and rape, first degree, tried, convicted of all three and sentenced respectively on those counts on June 24, 1946 to 5 to 10 years, 10 to 20 years, and 20 to 40 years as a second offender with the sentences to run consecutively. The relator based his petition on the ground that the consecutive sentences imposed double punishment for what constituted a single act. The indictment charged that the assault...

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