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People ex Rel. Walker v. McMann

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 23, 1969
33 A.D.2d 639 (N.Y. App. Div. 1969)

Opinion

October 23, 1969

Appeal from the Cayuga County Court.

Present — Goldman, P.J., Witmer, Gabrielli, Moule and Henry, JJ.


Judgment unanimously affirmed. Memorandum: The relator contends that his sentence was defective in that it did not name the institution in which the sentence was to be served as required by section 2180 of the Penal Law as it existed when relator was sentenced June 8, 1966. Such a defect is technical and not one of substance and would only entitle relator to a resentencing, not release from imprisonment. However, relator waived his right to resentencing at the time of the hearing on his petition. The court below in substance informed the relator that the effect of sustaining his contention would be his return to New York County for that purpose. Both the relator and his counsel indicated that they were only interested in his release and not resentence.


Summaries of

People ex Rel. Walker v. McMann

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 23, 1969
33 A.D.2d 639 (N.Y. App. Div. 1969)
Case details for

People ex Rel. Walker v. McMann

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. BENJAMIN FRANKLIN WALKER…

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

Date published: Oct 23, 1969

Citations

33 A.D.2d 639 (N.Y. App. Div. 1969)

Citing Cases

People ex Rel. Johnson v. Mancusi

Judgment unanimously affirmed. (See People ex rel. Walker v. McMann, 33 A.D.2d 639.)…