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Matter of Hogan v. Ascione

Appellate Division of the Supreme Court of New York, First Department
Nov 7, 1968
31 A.D.2d 517 (N.Y. App. Div. 1968)

Opinion

November 7, 1968


Petition of the District Attorney under article 78 of the CPLR, verified October 10, 1968, granted, the sentence imposed upon respondent Benito Ramos annulled, and respondent Alfred M. Ascione ordered to resentence Ramos in accordance with the law. As Ramos was convicted, among other counts, of robbery in the first degree while armed with a dangerous weapon, section 2188 of the former Penal Law, which is applicable to this case, rendered mandatory the execution of a prison sentence upon him, and he should be resentenced in accordance therewith ( Matter of Bennett v. Merritt, 173 Misc. 355, affd. 261 App. Div. 824, affd. 286 N.Y. 647; People v. Procito, 261 N.Y. 376; Matter of Stebbins v. Sherwood, 148 Misc. 763, affd. 241 App. Div. 615). An article 78 proceeding is an available remedy for the People to invoke ( Matter of Bennett v. Merritt, supra; Matter of Dodd v. Martin, 248 N.Y. 394; Matter of Cropsey v. Tiernan, 172 App. Div. 435).

Concur — Botein, P.J., Eager, Steuer, Capozzoli and McNally, JJ.


Summaries of

Matter of Hogan v. Ascione

Appellate Division of the Supreme Court of New York, First Department
Nov 7, 1968
31 A.D.2d 517 (N.Y. App. Div. 1968)
Case details for

Matter of Hogan v. Ascione

Case Details

Full title:In the Matter of FRANK S. HOGAN, as District Attorney of the County of New…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 7, 1968

Citations

31 A.D.2d 517 (N.Y. App. Div. 1968)

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