People ex rel. Gendelman v. Martin

Appellate Division of the Supreme Court of New York

People ex rel. Gendelman v. Martin

262 A.D. 1058, 30 N.Y.S.2d 273, 1941 N.Y. App. Div. LEXIS 7206

Appellate Division of the Supreme Court of the State of New York·Decided October 1, 1941·Published·Cited by 1 cases

Opinion

The appellant has earlier sought to be discharged from prison upon a ground other than now presented (259 App. Div. 939). The judgment under which appellant is now serving a sentence contemplates that he was armed at the time he committed the crime. This is denied. The record shows that proof was taken on the issue of whether or not appellant was armed. Order unanimously affirmed, without costs. Present — Hill, P. J., Crapser, Bliss, Heffernan and Sehenek, JJ.

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The appellant has earlier sought to be discharged from prison upon a ground other than now presented (259 App. Div. 939). The judgment under which appellant is now serving a sentence contemplates that he was armed at the time he committed the crime. This is denied. The record shows that proof was taken on the issue of whether or not appellant was armed. Order unanimously affirmed, without costs. Present — Hill, P. J., Crapser, Bliss, Heffernan and Sehenek, JJ.

People ex rel. Gendelman v. Martin, 262 A.D. 1058, 30 N.Y.S.2d 273, 1941 N.Y. App. Div. LEXIS 7206 (N.Y. Ct. App. 1941).

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Opinion

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