Legal Opinion

People ex rel. Emanuel v. McMann

New York Court of Appeals

Decided January 22, 1960PublishedCited by 9 opinions

1Per curiam

Relator, on November 14, 1932, was sentenced by the Court of General Sessions as a second felony offender upon a jury verdict convicting him of first degree manslaughter. Relator was paroled in 1951 but was later declared delinquent *344and returned to prison on September 16, 1957 to serve the unexpired term of 4 years, 3 months and 27 days.

Relator instituted this habeas corpus proceeding, attacking the jurisdiction of the court to impose sentence upon him as a second offender. He contends that, since the Court of General Sessions failed to comply with the requirements of section 480 of the Code…

2Cases cited4 opinions

  1. Messner v. . the PeopleNew York Court of Appeals · 1871
  2. People v. . NesceNew York Court of Appeals · 1911
  3. People v. CraigNew York Court of Appeals · 1946
  4. People v. HarcqNew York Court of Appeals · 1944

3Cited by9 opinions

  1. People v. AshleyAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. BoulaAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. AshleyAppellate Division of the Supreme Court of the State of New York · 2009
  4. United States Ex Rel. Nelson v. ZelkerDistrict Court, S.D. New York · 1971
  5. People v. BoulaAppellate Division of the Supreme Court of the State of New York · 2013

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API