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PEOPLE EX REL. QUINONES v. JOHNSTON

13 A.D.2d 850 (1961)

The People of the State of New York ex rel. Gumercindo Quinones, Appellant, v. W. Cecil Johnston, as Director of Dannemora State Hospital, Respondent

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

May 9, 1961

Petitioner contends that he was illegally and improperly sentenced to a term of from 5 to 10 years pursuant to section 1944 of the Penal Law. The minutes of the court show that petitioner was sentenced "under an indeterminate sentence, the maximum of such imprisonment to be Twenty (20) years — and the minimum thereof Ten (10) Years; and Five (5) years to Ten (10) Years additional pursuant provisions of section 1944 of the Penal Law. The Court finds defendant was armed...

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