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PEOPLE EX REL. CLEMONS v. TERNULLO

40 A.D.2d 734 (1972)

The People of the State of New York ex rel. Willie Clemons, Appellant, v. Vito M. Ternullo, as Superintendent of The Elmira Correctional Facility, Respondent

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

October 19, 1972

On September 23, 1971 relator was sentenced to a three-year indeterminate sentence on his plea of guilty to grand larceny third degree. On October 5, 1971 he was sentenced to a five-year indeterminate sentence on his plea of guilty to robbery second degree. The sentences were to run concurrently. On June 3, 1971, after a mental examination, the relator was found to be a narcotic addict. It is relator's contention, among others, that section 208 (subd. 4, par. b; subd. 5)...

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