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PEOPLE v. CALLAHAN

19 A.D.2d 585 (1963)

The People of the State of New York, Respondent, v. John W. Callahan, Appellant

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

May 24, 1963

Judgment of resentence unanimously reversed and matter remitted to Onondaga County Court for further proceedings in accordance with the memorandum.

Memorandum:

In 1948 defendant was sentenced as a third felony offender to a term of 10-20 years. Later it appeared that the sentence was erroneous in that he should have been sentenced as a second felony offender. In 1962 he was resentenced and the same term of 10-20 years...

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