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PEO. EX REL. JOHNSON v. BATTERMAN

68 Misc.2d 26 (1971)

The People of the State of New York ex rel. Leo Johnson, Relator, v. M. Batterman, as Warden of the Penitentiary of the City of New York Rikers Island, Respondent.

Supreme Court, Special Term, Bronx County.

September 30, 1971

Attorney(s) appearing for the Case

Larry Rabinowitz for relator. Burton Roberts, District Attorney, for respondent.

SAMUEL A. SPIEGEL, J.

Relator was sentenced on February 20, 1969 to the New York City Reformatory on indictment No. 4244/1968 New York County. On February 17, 1970, he was sentenced to the New York City Reformatory on indictment No. 2969/1969, Bronx County, said sentence to run concurrently with the prior sentence. On May 14, 1970 relator's February 20, 1969 sentence was vacated.

He contends that the imposition of the February 17, 1970 reformatory...

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