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PEOPLE EX REL. HARTY v. FAY

10 N.Y.2d 374 (1961)

The People of the State of New York ex rel. Michael J. Harty, Appellant, v. Edward M. Fay, as Warden of Green Haven Prison, Respondent.

Court of Appeals of the State of New York.

Decided December 7, 1961.

Attorney(s) appearing for the Case

Anthony F. Lo Frisco for appellant.

Louis J. Lefkowitz, Attorney-General (Winifred C. Stanley and Paxton Blair of counsel), for respondent.

Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur; Judge FULD concurs in result only.

Chief Judge DESMOND.

The question, undecided in this State (see Matter of Richetti v. New York State Bd. of Parole, 300 N.Y. 357, 360) but answered affirmatively in many decisions elsewhere, is this: Does an inordinately long and unexplained delay in imposing a criminal sentence cause the trial court to lose jurisdiction so that a sentence thereafter imposed is void and...

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