People ex rel. Folsom v. Lawes

Appellate Division of the Supreme Court of New York

People ex rel. Folsom v. Lawes

246 A.D. 766

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1935·Published

Opinion

Order dismissing writ of habeas corpus affirmed. Ho opinion. Lazansky, P. J., Young, Tompkins and Davis, JJ., concur; Hagarty, J., concurs in the result. He is, however, of opinion that the relator is entitled to have determined at this time the legality of the additional sentence of not less than five nor more than ten years, imposed under the provisions of section 1944 of the Penal Law, and that the proper procedure is by way of an application for an order of mandamus. (People ex rel. Sloane v. Lawes, 255 N. Y. 112.)

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Order dismissing writ of habeas corpus affirmed. Ho opinion. Lazansky, P. J., Young, Tompkins and Davis, JJ., concur; Hagarty, J., concurs in the result. He is, however, of opinion that the relator is entitled to have determined at this time the legality of the additional sentence of not less than five nor more than ten years, imposed under the provisions of section 1944 of the Penal Law, and that the proper procedure is by way of an application for an order of mandamus. (People ex rel. Sloane v. Lawes, 255 N. Y. 112.)

People ex rel. Folsom v. Lawes, 246 A.D. 766 (N.Y. Ct. App. 1935).

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Opinion

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