People ex rel. Powers v. Jackson

Appellate Division of the Supreme Court of New York

People ex rel. Powers v. Jackson

8 A.D.2d 662, 185 N.Y.S.2d 773, 1959 N.Y. App. Div. LEXIS 9035

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

DecidedApril 23, 1959

StatusPublished

This text of 8 A.D.2d 662 (People ex rel. Powers 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. Powers v. Jackson, 8 A.D.2d 662, 185 N.Y.S.2d 773, 1959 N.Y. App. Div. LEXIS 9035 (N.Y. Ct. App. 1959).

Pincite

Opinion

Appeal by the People from an order of the .County Court of Clinton County which sustained a writ of habeas corpus, upon the ground that relator was improperly sentenced as a second offender in that upon the prior conviction section 480 of the Code of Criminal Procedure was not complied with. The court below held that the prior conviction was on that account invalid and directed that relator be remanded for resentenee as a first offender. Our holding in People ex rel. Be Pasquale v. McMann (8 A D 2d 662) is determinative of this appeal as well. Order reversed on the law and the facts and writ dismissed, without costs. Foster, P. J., Coon, Gibson, Herlihy and Reynolds, JJ., concur.

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Appeal by the People from an order of the .County Court of Clinton County which sustained a writ of habeas corpus, upon the ground that relator was improperly sentenced as a second offender in that upon the prior conviction section 480 of the Code of Criminal Procedure was not complied with. The court below held that the prior conviction was on that account invalid and directed that relator be remanded for resentenee as a first offender. Our holding in People ex rel. Be Pasquale v. McMann (8 A D 2d 662) is determinative of this appeal as well. Order reversed on the law and the facts and writ dismissed, without costs. Foster, P. J., Coon, Gibson, Herlihy and Reynolds, JJ., concur.

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Bluebook (online)

8 A.D.2d 662, 185 N.Y.S.2d 773, 1959 N.Y. App. Div. LEXIS 9035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-powers-v-jackson-nyappdiv-1959.