Appellate Division of the Supreme Court of the State of New York December 17, 1982 (Johnson v. Smith)

— Judgment unanimously reversed and petition granted. Memorandum: While on probation for the crime of possessing marihuana, petitioner was charged, tried, and convicted for the crimes of rape and robbery and was sentenced to an indeterminate term of 5 to 15 years. He obtained an order staying execution of this sentence.