PEOPLE EX REL. DE FLUMER v. VINCENT


43 A.D.2d 948 (1974)

The People of the State of New York ex rel. Carl De Flumer, Jr., Appellant, v. Leon J. Vincent, as Superintendent of Green Haven Correctional Facility, Respondent

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

February 4, 1974


Judgment affirmed, without costs.

On June 30, 1947, relator pleaded guilty to murder in the second degree and on July 7, 1947 was sentenced to a prison term of 20 years to life. He was 15 years of age at the time. Approximately eight months after he was sentenced, the Legislature amended subdivision 3 of section 486 of the then extant Penal Law (L. 1948, ch. 554, § 1). Under the amended statute, relator would have been treated as a juvenile delinquent and would...

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