People ex rel. Williams v. Fay

Appellate Division of the Supreme Court of New York

People ex rel. Williams v. Fay

21 A.D.2d 833, 251 N.Y.S.2d 718, 1964 N.Y. App. Div. LEXIS 3410

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

DecidedJune 29, 1964

StatusPublished

This text of 21 A.D.2d 833 (People ex rel. Williams v. Fay) 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. Williams v. Fay, 21 A.D.2d 833, 251 N.Y.S.2d 718, 1964 N.Y. App. Div. LEXIS 3410 (N.Y. Ct. App. 1964).

Pincite

Opinion

In a habeas corpus proceeding, relator appeals from an order of the Supreme Court, Dutchess County, dated May 2, 1963, which dismissed the writ after a hearing and remanded him to the custody of respondent. Order affirmed, without costs. The relator was sentenced to consecutive terms on conviction of the crimes of kidnapping and robbery. Relator contends that the indictments on which he was found guilty charge the commission of a single act or wrong and, hence, under section 1938 of the Penal Law the sentences should have been concurrent. In our opinion, the act alleged in the indictments, on which the relator was convicted, comprise separate and different crimes. Hence, the direction that the sentence imposed for each crime shall be served consecutively was valid (see Penal Law, § 2190, subd. 4). Ughetta, Acting P. J., Kleinfeld, Brennan, Hill and Hopkins, JJ., concur.

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In a habeas corpus proceeding, relator appeals from an order of the Supreme Court, Dutchess County, dated May 2, 1963, which dismissed the writ after a hearing and remanded him to the custody of respondent. Order affirmed, without costs. The relator was sentenced to consecutive terms on conviction of the crimes of kidnapping and robbery. Relator contends that the indictments on which he was found guilty charge the commission of a single act or wrong and, hence, under section 1938 of the Penal Law the sentences should have been concurrent. In our opinion, the act alleged in the indictments, on which the relator was convicted, comprise separate and different crimes. Hence, the direction that the sentence imposed for each crime shall be served consecutively was valid (see Penal Law, § 2190, subd. 4). Ughetta, Acting P. J., Kleinfeld, Brennan, Hill and Hopkins, JJ., concur.

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Bluebook (online)

21 A.D.2d 833, 251 N.Y.S.2d 718, 1964 N.Y. App. Div. LEXIS 3410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-williams-v-fay-nyappdiv-1964.