From Casetext: Smarter Legal Research

People ex Rel. Stromberg v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 6, 1975
50 A.D.2d 718 (N.Y. App. Div. 1975)

Opinion

November 6, 1975

Appeal from the Wyoming County Court.

Present — Marsh, P.J., Moule, Goldman, Del Vecchio and Witmer, JJ.


Judgment unanimously affirmed. Memorandum: The sentence of the court was "that he be committed to the custody of the State Department of Corrections and shall serve in State prison for a term of not less than eight years, four months, nor more than 25 years". The relator was in fact committed to the custody of the State Department of Corrections and not to "State prison" and therefore, the correctional authorities properly complied with both the sentence of the court and the Penal Law. The surplus language had no harmful effect.


Summaries of

People ex Rel. Stromberg v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 6, 1975
50 A.D.2d 718 (N.Y. App. Div. 1975)
Case details for

People ex Rel. Stromberg v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. CARL E. STROMBERG, Appellant…

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

Date published: Nov 6, 1975

Citations

50 A.D.2d 718 (N.Y. App. Div. 1975)