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PEOPLE STATE NEW YORK EX REL. DONALD JOHNSON v. HAROLD W. FOLLETTE (05/15/69)

COURT OF APPEALS OF NEW YORK 1969.NY.41598 <http://www.versuslaw.com>; 250 N.E.2d 73; 24 N.Y.2d 955 decided: May 15, 1969. THE PEOPLE OF THE STATE OF NEW YORK EX REL. DONALD JOHNSON, APPELLANT,v.HAROLD W. FOLLETTE, AS WARDEN OF GREEN HAVEN PRISON, RESPONDENT People ex rel. Johnson v. Follette, 30 A.D.2d 851, affirmed. Adolph I. King for appellant. Louis J. Lefkowitz, Attorney-General (Murray Sylvester and Samuel A. Hirshowitz of counsel), for respondent. Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel and Jasen. Taking no part: Judge Keating.


People ex rel. Johnson v. Follette, Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel and Jasen. Taking no part: Judge Keating.

 Order affirmed, without costs. Because the sentence for the embracive robbery count was suspended, there was no invalid accumulation of consecutive sentences for the same criminal act (cf. People ex rel. Maurer v. Jackson, 2 N.Y.2d 259).

19690515

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