MATTER OF HOGAN v. ASCIONE


31 A.D.2d 517 (1968)

In the Matter of Frank S. Hogan, as District Attorney of The County of New York, Petitioner, v. Alfred M. Ascione, as a Justice of The Supreme Court of the State of New York, et al., Respondents

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

November 7, 1968


As Ramos was convicted, among other counts, of robbery in the first degree while armed with a dangerous weapon, section 2188 of the former Penal Law, which is applicable to this case, rendered mandatory the execution of a prison sentence upon him, and he should be resentenced in accordance therewith (Matter of Bennett v. Merritt, 173 Misc. 355, affd. 261 App. Div. 824, affd. 286 N.Y. 647; People v. Procito, 261 N.Y. 376; Matter of Stebbins v. Sherwood

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