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PEOPLE EX REL. MARVIN v. McDONNELL

280 A.D. 367 (1952)

The People of the State of New York ex rel. William Marvin, Appellant, v. Thomas McDonnell, as Warden of Riker's Island Penitentiary, Respondent

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

June 17, 1952.

Attorney(s) appearing for the Case

Harry H. Greis for appellant.

Chester E. Kleinberg of counsel (Frank S. Hogan, District Attorney, New York County), for respondent.

PECK, P. J., DORE and CALLAHAN, JJ., concur.

COHN, J.

On February 26, 1946, after a plea of guilty to the crime of assault in the third degree, relator was sentenced by the Court of General Sessions to an indefinite term in the New York City penitentiary pursuant to article 7-A of the Correction Law of the State of New York. He remained at the penitentiary until August 5, 1947, when he was released on parole, and immediately delivered to the Warden of Sing...

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