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Legal Opinion

People ex rel. Smith v. McMann

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

Decided December 18, 1967Published

1Opinion of the CourtAulisi, J.

Appeal by relator from a judgment of the Supreme Court, Clinton County, which dismissed, after a hearing, a writ of habeas corpus and remanded him to custody. Relator was sentenced to 20 years to life for murder in the second degree, and one day to life for sodomy first degree. He challenges the latter sentence for failure to comply with section 2189-a of the Penal Law. The minimum sentence imposed upon the conviction for murder has not yet expired. Accordingly, the application was properly dismissed as premature (OPLR 7002, subd. [a]; MoNaTly v. Hill, 293 U. S. 131; People ex rel. Metz v.…

2Cases cited6 opinions

  1. McNally v. HillSupreme Court of the United States · 1934
  2. People Ex Rel. Dote v. MartinNew York Court of Appeals · 1945
  3. People Ex Rel. Young v. MartinNew York Court of Appeals · 1948
  4. People ex rel. Young v. FayAppellate Division of the Supreme Court of the State of New York · 1951
  5. People ex rel. Young v. MartinAppellate Division of the Supreme Court of the State of New York · 1946

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