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PEOPLE EX REL. BLUMKE v. FOSTER

300 N.Y. 431 (1950)

The People of the State of New York ex rel. Frank Blumke, Appellant, v. John F. Foster, as Warden of Auburn State Prison, Respondent.

Court of Appeals of the State of New York.

Decided April 13, 1950

Attorney(s) appearing for the Case

Frank Blumke, appellant in person.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Herman N. Harcourt and William S. Elder, Jr., of counsel), for respondent.

LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

LOUGHRAN, Ch. J.

In this habeas corpus proceeding, Special Term dismissed the writ. The Appellate Division affirmed and the case is now here by our leave. We shall refer to the relator-appellant as the defendant.

In December, 1937, a grand jury sitting with the County Court of Kings County returned an indictment charging him with having possessed burglar's instruments...

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