People Ex Rel. Gordon v. Ashworth

Both the People of the State of New York and the relator appeal from an order of the Appellate Division which modified an order discharging the relator from custody by directing that he be remanded to the Court of Special Sessions for resentence.

The relator pleaded guilty to two separate informations, one the “ unlawful possession of a firearm ” (Penal Law, § 1897) and the other “ unlawfully possessing a habit-forming drug ” (Public Health Law, §§ 423, 440). He was given an indeterminate sentence in the city penitentiary upon each conviction, the terms to run consecutively. Thereafter he…