PEOPLE EX REL. RHEIM v. LYONS


276 A.D. 811 (1949)

The People of the State of New York ex rel. Everett Rheim, Appellant, v. John A. Lyons, as Commissioner of Correction of The State of New York, Respondent

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

November 29, 1949.


Petitioner is serving a sentence of forty-five years to life for the crime of murder in the second degree. He was convicted in 1928 and the papers submitted do not indicate that any appeal from the judgment of conviction was taken prior to 1947, at least. Petitioner alleges that he wants his reserve compensation available so that he may appeal, but it does not clearly appear what he proposed to appeal from. The court below held that the

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