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PEOPLE EX REL. STEVENS v. JACKSON

283 A.D. 3 (1953)

The People of the State of New York ex rel. Frederick Hugh George Stevens, Respondent, v. J. Vernel Jackson, as Warden of Clinton Prison, Respondent. The People of the State of New York, Appellant

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

November 18, 1953.

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Herman N. Harcourt and Benjamin A. Gilman of counsel), for appellant.

John J. Gardner, District Attorney, for appellant.

Frederick Hugh George Stevens, respondent in person.

BERGAN, COON and IMRIE, JJ., concur with FOSTER, P. J.; HALPERN, J., dissents, in a memorandum.

FOSTER, P. J.

Appeal from an order of the County Court of Clinton County sustaining a writ of habeas corpus and remanding relator for resentence before the County Court of Cortland County.

On May 15, 1946, relator pleaded guilty in the Cortland County Court to the crimes of grand larceny, first degree; burglary, third degree, and criminally possessing a pistol. An information was filed by the District Attorney...

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