Legal Opinion

People ex rel. Sims v. Senkowski

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

Decided April 4, 1996PublishedCited by 6 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court (Lewis, J.), entered June 15, 1995 in Clinton County, which denied petitioner’s application for a writ of habeas corpus, in proceeding pursuant to CPLR article 70, without a hearing.

Upon being convicted of the crime of criminal possession of a weapon in the third degree, petitioner was sentenced as a persistent felony offender to a term of 10 years to life in prison. He commenced this habeas corpus proceeding challenging his sentence as illegal on the ground that he should not have been sentenced as a persistent felony offender. Inasmuch as…

2Cases cited2 opinions

  1. People ex rel. McGourty v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 1995
  2. People ex rel. Cotton v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by6 opinions

  1. Reed v. TravisAppellate Division of the Supreme Court of the State of New York · 2005
  2. People ex rel. Berry v. LaClairAppellate Division of the Supreme Court of the State of New York · 2009
  3. People ex rel. Donato v. KirkpatrickAppellate Division of the Supreme Court of the State of New York · 2010
  4. People ex rel. Johnson v. LacyAppellate Division of the Supreme Court of the State of New York · 1997
  5. People ex rel. Hannon v. StinsonAppellate Division of the Supreme Court of the State of New York · 1996

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