New York Court of Appeals, 1939

People Ex Rel. Romano v. Brophy

People Ex Rel. Romano v. Brophy
New York Court of Appeals · Decided April 18, 1939
21 N.E.2d 208; 280 N.Y. 707; 1939 N.Y. LEXIS 1521 (North Eastern Reporter, Second Series)

People Ex Rel. Romano v. Brophy

Opinion of the Court

Motion to amend remittitur granted. Return of remittitur requested, and when returned it will be amended by-striking therefrom the words “ and the relator discharged from custody ” and substituting therefor the following: “ and the relator to be discharged at the termination of his first sentence unless earlier discharged by the proper State authorities.” This court merely declares the increased sentence to have been illegal. (See 280 N. Y. 181.)

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