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PEOPLE EX REL. MARSH v. MARTIN

284 A.D. 156 (1954)

The People of the State of New York ex rel. Arthur G. Marsh, Appellant, v. Walter B. Martin, as Warden of Attica State Prison, Respondent

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

May 12, 1954.

Attorney(s) appearing for the Case

Arthur G. Marsh, relator in person.

Russell G. Hunt, District Attorney of Albany County, amicus curiæ.

No appearance for respondent.

Present — McCURN, P. J., VAUGHAN, KIMBALL, PIPER and WHEELER, JJ.

WHEELER, J.

Following relator-appellant's plea of guilty in the Albany County Court of the crime of robbery, first degree, the District Attorney, pursuant to sections 1941-1943 of the Penal Law, filed an information accusing relator of having been previously convicted of the crime of burglary in the second degree in the State of Utah on September 21, 1935. Upon admitting his identity as the person named in the...

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