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PEOPLE EX REL. JACKSON v. WEAVER

279 A.D. 88 (1951)

The People of the State of New York ex rel. William Jackson, Respondent, v. Le Roy Weaver, as Superintendent of Elmira Reformatory, et al., Defendants. The People of the State of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 14, 1951.

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General, Herman N. Harcourt and William S. Elder, Jr., of counsel), for appellant.

Paul H. McCabe for respondent.

HEFFERNAN, BREWSTER, BERGAN and COON, JJ., concur.

FOSTER, P. J.

The People appeal from an order of the Supreme Court at Special Term which sustained a writ of habeas corpus and directed the discharge of relator forthwith.

Relator was convicted in the Court of General Sessions, New York County, of a misdemeanor, and sentenced therefor on May 20, 1948, to the Reception Center of the Department of Correction at Elmira, New York, pursuant to article 3-A of...

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