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People v. Maybusher

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1967
28 A.D.2d 535 (N.Y. App. Div. 1967)

Opinion

May 1, 1967


Order of the Supreme Court, Queens County, dated June 17, 1966, affirmed. It was our decision in People v. Maybusher ( 25 A.D.2d 784) that appellant in the instant proceeding be transferred to the reception center of Elmira Reformatory. He was not so transferred but remained in a State prison. The sentence having been valid, it was only the commitment that was erroneous and appellant was not prejudiced thereby. Under these circumstances, coram nobis will not lie to reduce, modify or suspend the sentence. We do, however, direct that our original order be executed and that appellant be transferred from the State prison to the Elmira Reception Center for classification, program-planning and transfer pursuant to section 61 Correct. of the Correction Law. Ughetta, Acting P.J., Christ, Brennan, Benjamin and Munder, JJ., concur.


Summaries of

People v. Maybusher

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1967
28 A.D.2d 535 (N.Y. App. Div. 1967)
Case details for

People v. Maybusher

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD WALTER…

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

Date published: May 1, 1967

Citations

28 A.D.2d 535 (N.Y. App. Div. 1967)