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People ex Rel. Munks v. Jackson

Appellate Division of the Supreme Court of New York, Third Department
Nov 17, 1952
280 App. Div. 1015 (N.Y. App. Div. 1952)

Opinion

November 17, 1952.

Appeal from Supreme Court, Clinton County.


Appellant was sentenced as a fourth offender to a term of imprisonment, the maximum of which was his natural life and the minimum thirty years. He claims that one felony conviction was void because he was sentenced to a term of six months in the city penitentiary. Because he was then a second offender he contends that he should have been sentenced to a State prison. He was not convicted, however, as a second offender at the time he was sent to the penitentiary. That was in 1922, and under the circumstances the court at that time had power to impose a penitentiary sentence. Order affirmed. Foster, P.J., Brewster, Bergan and Coon, JJ., concur; Heffernan, J., taking no part.


Summaries of

People ex Rel. Munks v. Jackson

Appellate Division of the Supreme Court of New York, Third Department
Nov 17, 1952
280 App. Div. 1015 (N.Y. App. Div. 1952)
Case details for

People ex Rel. Munks v. Jackson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. ARCHIE MUNKS, Appellant…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 17, 1952

Citations

280 App. Div. 1015 (N.Y. App. Div. 1952)

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