Legal Opinion

People ex rel. Hager v. Hunt

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

Decided March 19, 1941PublishedCited by 3 opinions

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

  1. People v. CarusoNew York Court of Appeals · 1928
  2. People Ex Rel. Romano v. BrophyNew York Court of Appeals · 1939
  3. People ex rel. Temple v. BrophyAppellate Division of the Supreme Court of the State of New York · 1936
  4. People Ex Rel. Temple v. BrophyNew York Court of Appeals · 1936
  5. People Ex Rel. Lorraine v. LawesNew York Court of Appeals · 1937

3Cited by3 opinions

  1. Matter of Lyons v. RobinsonNew York Court of Appeals · 1944
  2. People v. SandovalAppellate Division of the Supreme Court of the State of New York · 1941
  3. People ex rel. Van Orden v. Martin, New York County Courts1943

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