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PEOPLE EX REL. SEDOTTO v. JACKSON

283 A.D. 540 (1954)

The People of the State of New York ex rel. Michael Sedotto, Respondent, v. J. Vernel Jackson, as Warden of Clinton Prison, Respondent. The People of the State of New York, Appellant

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

March 31, 1954.

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Herman N. Harcourt, Wendell P. Brown and Benjamin A. Gilman of counsel), and George B. De Luca, District Attorney of Bronx County (John B. Lee of counsel), for appellant.

Thomas M. Gardiner for Michael Sedotto, respondent.

FOSTER, P. J., BERGAN, COON, HALPERN and IMRIE, JJ., concur.

Per Curiam.

Relator was convicted in the Bronx County Court on February 21, 1952, for perjury, first degree, and was sentenced to an indeterminate term of two and one-half to five years in prison. The judgment added the words "and fined sum of five-thousand (5,000.00) dollars." It contained no direction for imprisonment as an alternative to the payment of the fine, as authorized by section 484 of the Code of Criminal Procedure. After the relator had begun the...

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