People ex rel. White v. McMann

• Decision Date: 17 June 1959
• Citation: People ex rel. White v. McMann, 187 N.Y.S.2d 199, 8 A.D.2d 921 (N.Y. App. Div. 1959)
• Parties: PEOPLE of the State of New York ex rel. Robert WHITE, Relator-Appellant, v. Daniel McMANN, as Warden of Clinton Prison, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 199

187 N.Y.S.2d 199

8 A.D.2d 921

PEOPLE of the State of New York ex rel. Robert WHITE Relator-Appellant, v. Daniel McMANN, as Warden of Clinton Prison, Respondent.

Supreme Court, Appellate Division, Third Department.

June 17, 1959.

Robert White, in pro. per.

Louis J. Lefkowitz, Atty. Gen., for respondent.

Before FOSTER, P. J., and BERGAN, COON, GIBSON and REYNOLDS, JJ.

MEMORANDUM DECISION.

Appeal from an order of County Court, Clinton County which denied a petition for a writ of habeas corpus.

On July 31, 1944 relator was indicted in New York County on six counts involving robbery and assault. Three of them related to crimes on July 14 against May Wilson; three to crimes on July 15 against Helen Hearmes. In the course of trial November 17, 1944, the first three counts (Hearmes, July 15) were severed and relator pleaded guilty to the fourth count, robbery, second degree, against May Wilson on July 14, 'to cover all counts in the indictment'. A sentence was imposed on February 9, 1945 as a second offender which was later vacated on a finding he had not been theretofore convicted of a felony, and on June 4, 1946 he was resentenced as a first offender. The commitment recites that the conviction on which the sentence was based is 'robbery in the second degree committed July 158 ...