People ex rel. Hale v. Mancusi

Appellate Division of the Supreme Court of New York

People ex rel. Hale v. Mancusi

32 A.D.2d 875, 301 N.Y.S.2d 694, 1969 N.Y. App. Div. LEXIS 3683

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 19, 1969

StatusPublished

This text of 32 A.D.2d 875 (People ex rel. Hale v. Mancusi) 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.

Bluebook

People ex rel. Hale v. Mancusi, 32 A.D.2d 875, 301 N.Y.S.2d 694, 1969 N.Y. App. Div. LEXIS 3683 (N.Y. Ct. App. 1969).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: Petitioner’s contention that he was improperly committed to the Elmira Reception Center upon his subsequent conviction, is without merit. The proscription in subdivision 1 of section 61 of the Correction Law is not applicable since at the time of the second sentence, petitioner was not then “ serving a sentence in such institution ”. (Appeal from judgment of Wyoming County Court, dismissing writ of habeas corpus.) Present — Del Vecchio, J. P., Witmer, Gabrielli, Bastow and Henry, JJ.

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Judgment unanimously affirmed. Memorandum: Petitioner’s contention that he was improperly committed to the Elmira Reception Center upon his subsequent conviction, is without merit. The proscription in subdivision 1 of section 61 of the Correction Law is not applicable since at the time of the second sentence, petitioner was not then “ serving a sentence in such institution ”. (Appeal from judgment of Wyoming County Court, dismissing writ of habeas corpus.) Present — Del Vecchio, J. P., Witmer, Gabrielli, Bastow and Henry, JJ.

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Bluebook (online)

32 A.D.2d 875, 301 N.Y.S.2d 694, 1969 N.Y. App. Div. LEXIS 3683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-hale-v-mancusi-nyappdiv-1969.