People ex rel. Johnson v. Martin

Appellate Division of the Supreme Court of New York

People ex rel. Johnson v. Martin

262 A.D. 1057, 30 N.Y.S.2d 272, 1941 N.Y. App. Div. LEXIS 7202

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

DecidedOctober 1, 1941

StatusPublished

This text of 262 A.D. 1057 (People ex rel. Johnson v. Martin) 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. Johnson v. Martin, 262 A.D. 1057, 30 N.Y.S.2d 272, 1941 N.Y. App. Div. LEXIS 7202 (N.Y. Ct. App. 1941).

Pincite

Opinion

Relator has appealed from an order of the County Court of Clinton County dismissing a writ of habeas corpus and remanding him to the custody of the warden of ClintonPrison. Relator was indicted by the grand jury of Dutchess county for the crimes of robbery in the first degree and grand larceny in the first degree. After trial he was convicted. Thereafter the district attorney filed an information against him accusing him of having been previously convicted of a felony, namely, assault with intent to rob while armed with a dangerous weapon, which crime was alleged to have been committed at Pittsfield, Mass. Relator acknowledged that he was the same person. Thereupon he was sentenced to Sing Sing Prison for a term of not less than thirty years nor more than sixty years, and he was given an additional term of not less than five years nor more than ten years for committing the crime while armed. Relator’s sentence was proper. Order unanimously affirmed, without costs. Present — Hill, P. J., Crapser, Bliss, Heffeman and Foster, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Relator has appealed from an order of the County Court of Clinton County dismissing a writ of habeas corpus and remanding him to the custody of the warden of ClintonPrison. Relator was indicted by the grand jury of Dutchess county for the crimes of robbery in the first degree and grand larceny in the first degree. After trial he was convicted. Thereafter the district attorney filed an information against him accusing him of having been previously convicted of a felony, namely, assault with intent to rob while armed with a dangerous weapon, which crime was alleged to have been committed at Pittsfield, Mass. Relator acknowledged that he was the same person. Thereupon he was sentenced to Sing Sing Prison for a term of not less than thirty years nor more than sixty years, and he was given an additional term of not less than five years nor more than ten years for committing the crime while armed. Relator’s sentence was proper. Order unanimously affirmed, without costs. Present — Hill, P. J., Crapser, Bliss, Heffeman and Foster, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

262 A.D. 1057, 30 N.Y.S.2d 272, 1941 N.Y. App. Div. LEXIS 7202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-johnson-v-martin-nyappdiv-1941.