People ex rel. Constantinople v. Warden of Rikers Island

This is a habeas corpus proceeding instituted by the relator, Evaristo Ruiz, who contends that a Criminal Court Judge unlawfully sentenced him for a Class “ B ” misdemeanor, which had already been “ included ” in a sentence imposed upon him in this court when he pleaded guilty to a Class “ E ” felony. In effect, he contends he is illegally and violative of his constitutional rights being punished twice for the same crime,

The minutes in the Supreme Court reveal that prior to the imposition of sentence for a Class “ E ” felony on November 6,1970, relator requested that this court take into…