PEOPLE EX REL. NICKERSON v. LA VALLEE


17 A.D.2d 874 (1962)

The People of the State of New York ex rel. Donald B. Nickerson, 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.

October 31, 1962


The appellant, on January 15, 1953, was sentenced to a term of 5 to 10 years following a plea of guilty to assault, first degree, and to a term of 3½ to 7 years upon a plea of guilty to violation of subdivision 5-a of section 1897 of the Penal Law, carrying a concealed weapon without license. The petition for the issuance of a writ was based on a claim that since he pleaded guilty to assault in the first degree while carrying a loaded firearm, he could not be convicted...

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