PEOPLE EX REL. GANCI v. HENDERSON


51 A.D.2d 888 (1976)

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

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

February 24, 1976


Judgment unanimously affirmed.

Memorandum:

In 1967, following his plea of guilty to attempted grand larceny, second degree, relator was sentenced to the Elmira Reformatory for a term not to exceed five years. In 1970 relator was granted parole to commence serving a subsequent unrelated 10-to-30-year sentence imposed in 1968, for which he is now confined. Realtor contends that his initial sentence was illegal and must now be set aside, since the adult maximum...

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