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PEOPLE EX REL. JOHNSON v. MARTIN

283 A.D. 478 (1954)

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

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

March 17, 1954.

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (J. Bruce MacDonald, Wendell P. Brown, Herman N. Harcourt and Manuel T. Muccia of counsel), for appellant.

Hayden H. Dadd, amicus curiæ.

No appearance for relator.

All concur. Present — VAUGHAN, KIMBALL, PIPER and WHEELER, JJ.

KIMBALL, J.

The People have appealed from an order of the Wyoming County Court which sustained the relator's writ of habeas corpus and discharged him from the custody of the Warden of Attica State Prison. On May 27, 1947, the relator, then twenty years of age, upon his plea of guilty to the crime of burglary, third degree, was sentenced in the County Court of Yates County in the following manner:

"Ordered...

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