(Download) "People State New York Ex Rel. Carl Junior Walker v. People State New York" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: People State New York Ex Rel. Carl Junior Walker v. People State New York
- Author : Supreme Court of New York
- Release Date : January 20, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
[3 A.D.2d 623 Page 623] Appeal from an order of the County Court of St. Lawrence County, which dismissed a petition which petitioner labels as an
application for a writ in the nature of coram nobis. Petitioner was convicted of burglary in the third degree and petit larceny
on April 30, 1951, in the County Court of St. Lawrence County. He does not attack his conviction but urges that an improper
sentence or no sentence was imposed because the court directed that he "Be committed to the Reception Center of the Department
of Correction at Elmira, New York, for classification and confinement pursuant to Article 3-A of the Correction Law". Appellant's
contention apparently is that because the sentence did not also contain the language "sentenced to imprisonment in an institution
under the jurisdiction of the department of correction without designating the name of such institution", which was language
used in section 61 of the Correction Law prior to 1954 (L. 1947, ch. 198), the commitment to the Reception Center did not
constitute a valid sentence. He apparently relies upon dictum in People ex rel. Johnson v. Martin (283 App. Div. 478). However,
appellant [3 A.D.2d 623 Page 624]
 "People State New York Ex Rel. Carl Junior Walker v. People State New York" by Supreme Court of New York # Book PDF Kindle ePub Free){kind=link}