People ex rel. St. Andrews v. Martin

Appellate Division of the Supreme Court of New York

People ex rel. St. Andrews v. Martin

7 A.D.2d 619, 179 N.Y.S.2d 679, 1958 N.Y. App. Div. LEXIS 4451

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

DecidedOctober 29, 1958

StatusPublished

This text of 7 A.D.2d 619 (People ex rel. St. Andrews 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. St. Andrews v. Martin, 7 A.D.2d 619, 179 N.Y.S.2d 679, 1958 N.Y. App. Div. LEXIS 4451 (N.Y. Ct. App. 1958).

Pincite

Opinion

Order reversed, writ dismissed, and relator remanded to the custody of the Sheriff of Onondaga County at Attica Prison to be returned to the Onondaga County Court, with directions to vacate the resentence of the relator on March 27, 1958 as a first felony offender upon his conviction of burglary in the third degree on April 8, 1957, and to resentence the relator thereon as a second felony offender. (See People ex rel. Rapacki v. Martin, 6 A D 2d 757.) All concur. (Appeal from an order of Wyoming County Court ordering that relator be remanded to the Sheriff of Onondaga County at Attica Prison to be returned to Onondaga County Court for further proceedings upon his conviction of the crime of burglary, third degree.) Present ■— MeCurn, P. J., Williams, Bastow, Goldman and Halpern, JJ.

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Order reversed, writ dismissed, and relator remanded to the custody of the Sheriff of Onondaga County at Attica Prison to be returned to the Onondaga County Court, with directions to vacate the resentence of the relator on March 27, 1958 as a first felony offender upon his conviction of burglary in the third degree on April 8, 1957, and to resentence the relator thereon as a second felony offender. (See People ex rel. Rapacki v. Martin, 6 A D 2d 757.) All concur. (Appeal from an order of Wyoming County Court ordering that relator be remanded to the Sheriff of Onondaga County at Attica Prison to be returned to Onondaga County Court for further proceedings upon his conviction of the crime of burglary, third degree.) Present ■— MeCurn, P. J., Williams, Bastow, Goldman and Halpern, JJ.

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Bluebook (online)

7 A.D.2d 619, 179 N.Y.S.2d 679, 1958 N.Y. App. Div. LEXIS 4451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-st-andrews-v-martin-nyappdiv-1958.