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PEOPLE v. HARRINGTON

21 N.Y.2d 61 (1967)

The People of the State of New York, Respondent, v. Robert S. Harrington, Appellant.

Court of Appeals of the State of New York.

Decided December 7, 1967.

Attorney(s) appearing for the Case

Betty D. Friedlander for appellant.

Paul H. McCabe, District Attorney (Patricia Hassett of counsel), for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN. KEATING and BREITEL concur.

VAN VOORHIS, J.

In 1947 the defendant pleaded guilty to an indictment charging him with two counts of robbery in the first degree and was sentenced as a second felony offender to 35 to 70 years. In 1953 he was resentenced as a first offender to 30 to 40 years. The 1953 sentence was held to be jurisdictionally excessive in a habeas corpus proceeding and in 1954 the defendant...

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