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PEOPLE EX REL. MATIAS (COLON) v. McDONNELL

200 Misc. 388 (1951)

The People of the State of New York ex rel. John Matias, for and on Behalf of Pablo Colon, Relator, v. Thomas McDonnell, as Warden of New York City Penitentiary, Defendant.

Supreme Court, Special Term, Bronx County.

April 18, 1951.

Attorney(s) appearing for the Case

Pablo Colon, relator in person.

George B. De Luca, District Attorney (John B. Lee of counsel), for defendant.

EDER, J.

Writ of habeas corpus sustained and inmate Pablo Colon, now imprisoned in the New York City Penitentiary, Riker's Island, is discharged from custody.

It appears from the record presented that at the time sentence was imposed upon him by the Court of Special Sessions on the conspiracy charge, which sentence was imposed on June 14, 1949, the said named inmate was imprisoned in said penitentiary upon conviction of the crime of petit larceny...

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