PEOPLE EX REL. DE FAZIO v. LA VALLEE


13 A.D.2d 559 (1961)

The People of the State of New York ex rel. Jacques De Fazio, Also Known as Jacques Elfassy, Appellant, v. J. Edwin La Vallee, as Warden of Clinton Prison, Respondent

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

March 9, 1961


On February 2, 1955 relator was convicted of manslaughter in the first degree. He was sentenced for a term of 10 to 20 years with an additional term of 5 to 10 years imposed pursuant to section 1944 of the Penal Law for being armed while committing the crime. Relator contends that the additional punishment under section 1944 constitutes double punishment in violation of section 1938 of the Penal Law. The record shows that relator admits he was armed during the commission...

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