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PEOPLE EX REL. BERRY v. KLEIN

198 Misc. 742 (1950)

The People of the State of New York ex rel. John E. Berry, Relator, v. Milton Klein, as Warden of the Penitentiary of The City of New York, Rikers Island, Defendant.

Supreme Court, Special Term, Bronx County.

November 10, 1950.

Attorney(s) appearing for the Case

John E. Berry, relator in person.

John B. Lee, Assistant District Attorney, Bronx County, representing District Attorneys of Bronx and New York Counties, for defendant.

HAMMER, J.

The writ is dismissed and the prisoner is remanded.

The question raised by the relator on the hearing on this writ of habeas corpus was passed upon by this court as early as 1943, in the case of People ex rel. Pastor v. Ashworth (66 N.Y.S.2d 548), from which I quote the following: "Despite the statements made by the sentencing judge, the appellate courts have ruled that a sentence under...

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