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PEOPLE v. TURNER

29 A.D.2d 829 (1968)

The People of the State of New York, Respondent, v. Albert Lee Turner, Appellant

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

February 15, 1968

Order unanimously reversed and matter remitted to Monroe County Court for a hearing.

Memorandum:

Appellant was sentenced in Monroe County Court in November, 1966 as a second felony offender based upon a 1957 felony conviction in Wayne County. Thereafter he presented a petition to Monroe County Court to be resentenced as a first offender. It was alleged in a verified petition that subsequent to imposition of the sentence in Monroe County he was returned to...

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