People ex rel. Aiello v. Warden of the City Prison
This text of 270 A.D. 1033 (People ex rel. Aiello v. Warden of the City Prison) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In a habeas corpus proceeding, order sustaining the writ and discharging the relator on the ground that he had been illegally sentenced as a second offender, for the reason that a commitment to the Institution for Male Defective Delinquents at Napanoch is not a prior conviction within the meaning of section 1941 of the Penal Law, reversed on the law, the writ dismissed, and the relator remanded to custody. {People ex rel. Mucciolo V. Snyder, 295 N. Y. 866.) Lewis, P. J., Hagarty, Johnston, Adel and Nolan, JJ., concur.
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Cite This Page — Counsel Stack
270 A.D. 1033, 63 N.Y.S.2d 52, 1946 N.Y. App. Div. LEXIS 5225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-aiello-v-warden-of-the-city-prison-nyappdiv-1946.