PEOPLE EX REL. TILKINS v. WILKINS


19 A.D.2d 796 (1963)

The People of the State of New York ex rel. Hugh Basil Tilkins, Appellant, v. Walter H. Wilkins, as Warden of Attica Prison, Respondent

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

September 19, 1963


Order reversed on the law, without costs, writ of habeas corpus sustained and defendant remanded to the Sheriff of Cayuga County for resentence.

Memorandum:

Defendant was convicted in Cayuga County Court on June 23, 1952 of manslaughter, first degree, upon his plea of guilty and was sentenced to an indeterminate term of not less than 18 years nor more than 20 years. Some two years later on April 9, 1954 defendant was returned to that court. The 1952 sentence...

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