People ex rel. Leventis v. Jackson

Appellate Division of the Supreme Court of New York

People ex rel. Leventis v. Jackson

8 A.D.2d 559, 183 N.Y.S.2d 335, 1959 N.Y. App. Div. LEXIS 9643

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

DecidedMarch 11, 1959

StatusPublished

This text of 8 A.D.2d 559 (People ex rel. Leventis v. Jackson) 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. Leventis v. Jackson, 8 A.D.2d 559, 183 N.Y.S.2d 335, 1959 N.Y. App. Div. LEXIS 9643 (N.Y. Ct. App. 1959).

Pincite

Opinion

Appeal from an order of the County Court of Clinton County which dismissed a petition for a writ of habeas corpus. There is no merit in relator’s contention that he was improperly sentenced as a second felony offender. Under a prior judgment of conviction of robbery in the second degree he was sentenced to an indefinite term and committed to the Reception Center at Elmira for classification and confinement pursuant to article 3-A of the Correction Law. This constituted a prior conviction within the meaning of section 1941 of the Penal Law. (People ex rel. Rapacki v. Martin, 6 A D 2d 757, affd. 5 N Y 2d 899.) Order unanimously affirmed, without costs. Present — Foster, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.

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

Appeal from an order of the County Court of Clinton County which dismissed a petition for a writ of habeas corpus. There is no merit in relator’s contention that he was improperly sentenced as a second felony offender. Under a prior judgment of conviction of robbery in the second degree he was sentenced to an indefinite term and committed to the Reception Center at Elmira for classification and confinement pursuant to article 3-A of the Correction Law. This constituted a prior conviction within the meaning of section 1941 of the Penal Law. (People ex rel. Rapacki v. Martin, 6 A D 2d 757, affd. 5 N Y 2d 899.) Order unanimously affirmed, without costs. Present — Foster, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

8 A.D.2d 559, 183 N.Y.S.2d 335, 1959 N.Y. App. Div. LEXIS 9643, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-leventis-v-jackson-nyappdiv-1959.