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PEOPLE EX REL. SMITH v. McMANN

29 A.D.2d 594 (1967)

The People of the State of New York ex rel. Donald Clarence Smith, Appellant, v. Daniel J. McMann, as Warden of Clinton Prison, Respondent

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

December 18, 1967

AULISI, J.

Relator was sentenced to 20 years to life for murder in the second degree, and one day to life for sodomy first degree. He challenges the latter sentence for failure to comply with section 2189-a of the Penal Law. The minimum sentence imposed upon the conviction for murder has not yet expired. Accordingly, the application was properly dismissed as premature (CPLR 7002, subd. [a]; McNally v. Hill, 293 U.S. 131...

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