People ex rel. Rapacki v. Martin

Appellate Division of the Supreme Court of New York

People ex rel. Rapacki v. Martin

6 A.D.2d 757, 174 N.Y.S.2d 98, 1958 N.Y. App. Div. LEXIS 5921

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

DecidedMay 14, 1958

StatusPublished

This text of 6 A.D.2d 757 (People ex rel. Rapacki 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. Rapacki v. Martin, 6 A.D.2d 757, 174 N.Y.S.2d 98, 1958 N.Y. App. Div. LEXIS 5921 (N.Y. Ct. App. 1958).

Pincite

Opinion

Order reversed upon the law, writ of habeas corpus dismissed, and relator remanded to the custody of the Warden of Attica Prison. Memorandum: The sentence imposed in this case was correct. The dismissal of the appeal in People v. Askew (3 A D 2d 984) was subsequently vacated and motion for reargument granted (4 A D 2d 853). Thereafter the judgment of conviction was reversed upon other grounds (5 A D 2d 756). Upon reconsideration so much of our decision in 3 A D 2d 984, as stated that the punishment there imposed “ does not constitute a ‘ sentence ’ ” is withdrawn. All concur. (Appeal from an order of Wyoming County Court remanding relator to the custody of the Commissioner of Correction of New York City, Attica Prison, to be returned to the Court of General Sessions of New York for further proceedings.) Present — McCurn, P. J., Kimball, Williams, Bastow and Goldman, JJ.

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Order reversed upon the law, writ of habeas corpus dismissed, and relator remanded to the custody of the Warden of Attica Prison. Memorandum: The sentence imposed in this case was correct. The dismissal of the appeal in People v. Askew (3 A D 2d 984) was subsequently vacated and motion for reargument granted (4 A D 2d 853). Thereafter the judgment of conviction was reversed upon other grounds (5 A D 2d 756). Upon reconsideration so much of our decision in 3 A D 2d 984, as stated that the punishment there imposed “ does not constitute a ‘ sentence ’ ” is withdrawn. All concur. (Appeal from an order of Wyoming County Court remanding relator to the custody of the Commissioner of Correction of New York City, Attica Prison, to be returned to the Court of General Sessions of New York for further proceedings.) Present — McCurn, P. J., Kimball, Williams, Bastow and Goldman, JJ.

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Bluebook (online)

6 A.D.2d 757, 174 N.Y.S.2d 98, 1958 N.Y. App. Div. LEXIS 5921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-rapacki-v-martin-nyappdiv-1958.