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PEOPLE EX REL. MELLO v. McDONNELL

281 A.D. 970 (1953)

The People of the State of New York ex rel. Eugene Mello, Appellant, v. Thomas McDonnell, as Warden of The Penitentiary of the City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

April 28, 1953.

Order, dismissing the writ of habeas corpus and remanding the relator to the New York City Penitentiary, unanimously affirmed on the ground that the relator is under a sentence pronounced by the County Court having competent jurisdiction and its terms have not expired. However, as the County Court did not state that the term imposed was to be consecutive, the presumption that the term was concurrent with the term of the prior conviction...

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