PEOPLE EX REL. SICKLER v. FOLLETTE


31 A.D.2d 538 (1968)

The People of the State of New York ex rel. Gary J. Sickler, Jr., Appellant, v. Harold W. Follette, as Warden of Green Haven Prison, Respondent

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

November 4, 1968


Judgment reversed, on the law, without costs; relator's sentence in the County Court, Dutchess County, rendered March 17, 1959, vacated; and relator remanded to said County Court for resentence in accordance with section 2189-a of the former Penal Law.

The findings of fact below have not been considered. In 1959 relator was sentenced, for rape in the first degree, to an indeterminate term having a minimum of one day and a maximum of his natural life, pursuant to section...

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