Legal Opinion
People ex rel. Hutchings v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided December 17, 1975PublishedCited by 3 opinions
1Opinion of the Court
— Judgment unanimously reversed and matter remitted to Wyoming County Court for further proceedings in accordance with the following memorandum: This appeal is from a grant of a writ of habeas corpus discharging relator from custody. On April 29, 1970 the Cortland County Court sentenced him to a prison term of one day to life after his conviction of rape in the first degree. Three years later, by a motion under CPL 440, he petitioned that court for resentencing on the ground that he was not receiving the psychiatric treatment contemplated under the day to life term. The court set aside the…
2Cases cited4 opinions
- People ex rel. Kaganovitch v. WilkinsAppellate Division of the Supreme Court of the State of New York · 1965
- People v. Hutchings, New York County Courts1973
- People v. HutchingsAppellate Division of the Supreme Court of the State of New York · 1974
- People ex rel. Smith v. La ValleeAppellate Division of the Supreme Court of the State of New York · 1968
3Cited by3 opinions
- People ex rel. Newcomb v. MetzAppellate Division of the Supreme Court of the State of New York · 1978
- Sinhogar v. ParryAppellate Division of the Supreme Court of the State of New York · 1980
- Sinhogar v. ParryNew York Supreme Court · 1979