PEOPLE v. ECKERT


14 A.D.2d 988 (1961)

The People of the State of New York, Respondent, v. Albert Francis Eckert, Appellant

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

November 30, 1961


Judgment insofar as it imposed sentence unanimously reversed and proceedings remitted to the Allegany County Court for further proceedings in accordance with memorandum; and otherwise judgment affirmed.

Memorandum:

Defendant, upon a plea of guilty to burglary third degree, was sentenced to two and one-half to five years, to be served concurrently with the unexpired portion of a prior sentence. A subsequent habeas corpus proceeding properly held the original...

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