People ex rel. Mello v. McDonnell
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, dismissing the writ of habeas corpus and remanding the relator to the New York City Penitentiary, unanimously affirmed on the ground that the relator is under a sentence pronounced by the County Court having competent jurisdiction and its terms have not expired. How*971ever, as the County Court did not state that the term imposed was to be consecutive, the presumption that the term was concurrent with the term of the prior conviction controls (People ex rel. Gerbino v. Ashworth, 267 App. Div. 579, 581). Present ■ — ■ Peck, P. J., Glennon, Bore, Yan Yoorhis and Bergan, JJ.
2Cases cited1 opinion
- People ex rel. Gerbino v. AshworthAppellate Division of the Supreme Court of the State of New York · 1944
3Cited by2 opinions
- Mello v. Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1953
- People ex rel. Simmons v. JacksonAppellate Division of the Supreme Court of the State of New York · 1955