PEOPLE v. GILMORE


11 A.D.2d 875 (1960)

The People of the State of New York, Appellant, v. Percy Gilmore, Respondent

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

July 27, 1960


We assume that the County Court retains jurisdiction to correct an unlawful sentence imposed by it in a direct proceeding addressed to the sentence. It is clear, however, that the 1938 sentence was not unlawful. The statute then provided an "indeterminate sentence" of a minimum of 20 years and a maximum of life (Penal Law, § 1048). We would agree that if the minimum were so long as to be impossible the sentence would not be indeterminate. Defendant was then 29 years...

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