PEOPLE EX REL. WILKINSON v. McMANN


11 A.D.2d 569 (1960)

The People of the State of New York ex rel. Charles J. Wilkinson, Appellant, v. Daniel McMann, as Warden of Clinton Prison, Respondent

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

May 16, 1960


On July 15, 1949 relator was convicted in Monroe County Court of grand larceny in the first degree. Sentence was deferred until July 28, 1949, when sentence was suspended. On February 1, 1950 relator was returned to court, the suspension of sentence was revoked and he was sentenced to six months imprisonment in the Monroe County Penitentiary. Relator sought in the court below to vitiate this conviction (used as a part basis for subsequent multiple offender sentences) on the...

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