People ex rel. Lucasik v. La Vallee

Appellate Division of the Supreme Court of New York

People ex rel. Lucasik v. La Vallee

8 A.D.2d 886, 187 N.Y.S.2d 1001, 1959 N.Y. App. Div. LEXIS 8296

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

DecidedJune 9, 1959

StatusPublished

This text of 8 A.D.2d 886 (People ex rel. Lucasik v. La Vallee) 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. Lucasik v. La Vallee, 8 A.D.2d 886, 187 N.Y.S.2d 1001, 1959 N.Y. App. Div. LEXIS 8296 (N.Y. Ct. App. 1959).

Pincite

Opinion

Appeal from an order of the County Court of Clinton County which sustained a writ of habeas corpus and remanded the relator to the Commissioner of Correction for production before the County Court of Bronx County for the purpose of resentencing on a committment dated January 17, 1947, for the crime of robbery, first degree. The order recited that a prior felony conviction of January 26, 1927 should not be considered as a prior felony conviction on the ground that there was a failure to comply with section 480 of the Code of Criminal Procedure on such previous sentence. Order reversed on the law and facts and the writ dismissed, without costs. (People ex rel. De Pasquale v. McMann, 8 A D 2d 662.) Poster, P. J., Bergan, Coon, Gibson and Reynolds, JJ., concur.

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 sustained a writ of habeas corpus and remanded the relator to the Commissioner of Correction for production before the County Court of Bronx County for the purpose of resentencing on a committment dated January 17, 1947, for the crime of robbery, first degree. The order recited that a prior felony conviction of January 26, 1927 should not be considered as a prior felony conviction on the ground that there was a failure to comply with section 480 of the Code of Criminal Procedure on such previous sentence. Order reversed on the law and facts and the writ dismissed, without costs. (People ex rel. De Pasquale v. McMann, 8 A D 2d 662.) Poster, P. J., Bergan, Coon, Gibson and Reynolds, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

8 A.D.2d 886, 187 N.Y.S.2d 1001, 1959 N.Y. App. Div. LEXIS 8296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-lucasik-v-la-vallee-nyappdiv-1959.