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PEOPLE EX REL. SEDOTTO v. JACKSON

307 N.Y. 291 (1954)

The People of the State of New York, ex rel. Michael Sedotto, Appellant, v. J. Vernel Jackson, as Warden of Clinton Prison, Respondent. The People of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided July 14, 1954

Attorney(s) appearing for the Case

Arnold D. Roseman for appellant.

Nathaniel L. Goldstein, Attorney-General (Benjamin A. Gilman, Wendell P. Brown and Raymond B. Madden of counsel), for J. Vernel Jackson, Warden of Clinton Prison, respondent.

George B. De Luca, District Attorney (Walter E. Dillon of counsel), for People of the State of New York, respondent.

CONWAY, DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS, JJ., concur.

LEWIS, Ch. J.

By this habeas corpus proceeding the relator challenges the legality of the judgment by which he was confined in Clinton Prison.

At Special Term the writ was sustained and the court directed that the relator be discharged from custody. At the Appellate Division the order of Special Term was reversed on the law, the writ was dismissed and the relator was remanded to State prison confinement. His appeal...

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