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MATTER OF LEONARD v. BARNES

280 A.D. 1 (1952)

In the Matter of William E. Leonard, as Acting Commissioner of Correction The State of New York, Respondent, v. Frank W. Barnes, as Acting County Judge of the County Court of Broome County, et al., Appellants

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

March 12, 1952.

Attorney(s) appearing for the Case

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

Travis & Whiting for Paul L. Hayner, appellant.

Frank W. Barnes, appellant in person.

FOSTER, P. J., BREWSTER, BERGAN and COON, JJ., concur.

HEFFERNAN, J.

On May 17, 1948, the appellant Hayner was arrested on a charge of murder, first degree, and was subsequently indicted by a Grand Jury in Broome County for that crime.

On February 22, 1949, Hayner was convicted in the Supreme Court of the crime charged in the indictment. On appeal the judgment of conviction was reversed by the Court of Appeals (People v. Hayner, 300 N.Y...

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