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PEOPLE EX REL. MURPHY v. JACKSON

301 N.Y. 540 (1950)

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

Court of Appeals of the State of New York.

Decided May 18, 1950

Attorney(s) appearing for the Case

Thomas A. Robinson and Joseph Murphy, in person, for Joseph Murphy, appellant.

Nathaniel L. Goldstein, Attorney-General (Herman N. Harcourt, Wendell P. Brown and Raymond B. Madden of counsel); Frank S. Hogan, District Attorney (Charles W. Manning and Whitman Knapp of counsel), for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FROESSEL, JJ., concur; FULD, J., taking no part.

Per Curiam.

In affirming appellant's conviction in People v. Murphy (276 N.Y. 612), we found, upon the record before us, that there was sufficient evidence to support the conviction apart from the presumption provided in subdivision 1-a of section 1897 of the Penal Law, and that it was therefore unnecessary for us to pass upon the constitutionality of the statute. Accordingly, the order appealed from should be...

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