People v. Gilligan

The defendant herein questions the validity of the sentence of the court. On August 17, 1931, he having been convicted of robbery in the first degree as a second offender, received the determinate sentence of thirty years (twenty-five years for robbery and five years for having been armed with a gun). He now maintains he should have been sentenced to life imprisonment under section 1941 of the Penal Law and section 2125 of the Penal Law.

The punishment for robbery in the first degree in May of 1931 was for not less than fifteen years (Penal Law, § 2125, as amd. by L. 1926, ch. 436) and…