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PEO. EX REL. TANNER v. VINCENT

44 A.D.2d 170 (1974)

The People of the State of New York ex rel. Carlson Tanner, Jr., Appellant, v. Leon Vincent, as Superintendent of Green Haven Correctional Facility, Respondent

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

April 8, 1974.

Attorney(s) appearing for the Case

William E. Hellerstein and Robert Kasanof (G. Clark Cummings of counsel), for appellant.

Michael F. Armstrong, District Attorney (Stephen B. Shiffrin of counsel), for respondent.

MARTUSCELLO, BRENNAN and MUNDER, JJ., concur with HOPKINS, J.; GULOTTA, P. J., dissents and votes to reverse the judgment and sustain the writ to the extent of vacating the robbery conviction and sentence, with an opinion.

HOPKINS, J.

The relator was indicted for common-law murder, felony murder and possession of a weapon as a felony, following the homicide of a taxi driver during a holdup. He was convicted of manslaughter in the first degree, robbery in the first degree and possession of a weapon as a felony. He was sentenced on April 10, 1969 to consecutive terms of imprisonment of 25 years on the robbery count and 15 years on...

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