PEOPLE EX REL. CONSTANTINOPLE v. WARDEN


72 Misc.2d 906 (1972)

The People of the State of New York ex rel. James D. Constantinople on Behalf of Evaristo Ruiz, Relator, v. Warden of Rikers Island, Respondent.

Supreme Court, Special Term, Bronx County.

December 21, 1972


Attorney(s) appearing for the Case

Robert Kasanof and James D. Constantinople for relator. Burton D. Roberts, District Attorney, for respondent.


SAMUEL A. SPIEGEL, J.

This is a habeas corpus proceeding instituted by the relator, Evaristo Ruiz, who contends that a Criminal Court Judge unlawfully sentenced him for a Class "B" misdemeanor, which had already been "included" in a sentence imposed upon him in this court when he pleaded guilty to a Class "E" felony. In effect, he contends he is illegally and violative of his constitutional rights being punished twice for the same crime.

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