People v. Carignan

The defendant herein moves for an order granting a hearing on the question of whether the additional punishment imposed upon him pursuant to section 1944 of the Penal Law at the time of the subject sentence should be revoked and defendant re sentenced.

On October 9, 1959 the Grand Jury of the County of Monroe found an indictment against defendant charging him in one count with assault in the first degree, in violation of subdivision 1 of section 240 of the Penal Law, as follows: ‘ ‘ The defendant, on or about July 12, 1959, at the City of Rochester, County of Monroe, New York, feloniously…