PEOPLE EX REL. PIZARRO v. HENDERSON


41 A.D.2d 591 (1973)

The People of the State of New York ex rel. Carlos Pizarro, Appellant, v. Robert J. Henderson, as Superintendent of Auburn Correctional Facility, Respondent

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

January 18, 1973


Judgment unanimously affirmed.

Memorandum:

Relator challenges, by an application for habeas corpus, his sentence of 9 to 10 years for assault in the second degree for an attempt to commit the crime of rape as a felony because he was not afforded the psychiatric examination required under section 2189-a of the old Penal Law. The record reveals that relator is presently serving concurrent terms of 20 to 30 years on each of two counts of robbery in the first...

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