People ex rel. Hager v. Hunt
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order modified, without costs, and matter remitted to the County Court of Erie County and relator remanded for resentenee in accordance "with the following memorandum: The sentence of February 23, 1937, of one and one-half years to seven and one-half years, plus not less than five nor more than ten years for being armed, is all one sentence. (People ex rel. Temple v. Brophy, 248 App. Div. 442, 444; affd., 273 N. Y. 487.) It was intended to be treated as a whole, not as a sentence consisting of two parts. Therefore, it amounted to a single sentence of six and a half to seventeen and one-half…
2Cases cited5 opinions
- People v. CarusoNew York Court of Appeals · 1928
- People Ex Rel. Romano v. BrophyNew York Court of Appeals · 1939
- People ex rel. Temple v. BrophyAppellate Division of the Supreme Court of the State of New York · 1936
- People Ex Rel. Temple v. BrophyNew York Court of Appeals · 1936
- People Ex Rel. Lorraine v. LawesNew York Court of Appeals · 1937
3Cited by3 opinions
- Matter of Lyons v. RobinsonNew York Court of Appeals · 1944
- People v. SandovalAppellate Division of the Supreme Court of the State of New York · 1941
- People ex rel. Van Orden v. Martin, New York County Courts1943