Legal Opinion
People ex rel. Smith v. La Vallee
Appellate Division of the Supreme Court of the State of New York
Decided February 15, 1968PublishedCited by 1 opinion
1Opinion of the CourtMarsh, J.
The relator was convicted of assault second degree with intent to commit the felony sodomy, and sentenced to one day to life on February 13, 1952. Subsequently this court (People v. Smith, 22 A D 2d 333), reversed an order of Erie County Court denying defendant’s application for a writ of error coram nobis, vacated the sentence imposed February 13, 1952 and ordered defendant remanded for resentencing. On June 8, 1965 defendant was resentenced in Erie County Court to one day to life.
*249The judgment of resentence was affirmed without opinion by this court (People v. Smith, 25 A D 2d 618) and…
2Cases cited3 opinions
- Williams v. New YorkSupreme Court of the United States · 1949
- Specht v. PattersonSupreme Court of the United States · 1967
- United States of America Ex Rel. Carl G. Gerchman v. James F. Maroney, Superintendent State Correctional Institution, Pittsburgh, PennsylvaniaCourt of Appeals for the Third Circuit · 1966
3Cited by1 opinion
- People ex rel. Hutchings v. SmithAppellate Division of the Supreme Court of the State of New York · 1975