PEOPLE EX REL. DARLING v. MARTIN


202 Misc. 775 (1951)

The People of the State of New York ex rel. Richard J. Darling, Relator, v. Walter B. Martin, as Warden of Attica State Prison, Defendant.

County Court, Wyoming County.

November 19, 1951.


Attorney(s) appearing for the Case

Richard J. Darling, relator in person.

Nathaniel L. Goldstein, Attorney-General (Frederick T. Devlin of counsel), for defendant.


CONABLE, J.

This relator, an inmate of the Attica Prison, has instituted some five previous writs of habeas corpus in this court, which have been dismissed. He has made three applications in the nature of writs coram nobis to the County Court of Oswego County where he was convicted. Upon the occasion of the last of these applications coram nobis he had claimed that his previous conviction, which had been counted to make him a second offender...

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