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PEOPLE EX REL. RAINONE v. MURPHY

1 N.Y.2d 367 (1956)

The People of the State of New York ex rel. Anthony Rainone, Appellant, v. Robert E. Murphy, as Warden of Auburn State Prison, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 31, 1956.

Attorney(s) appearing for the Case

Joseph Aronstein for appellant.

Jacob K. Javits, Attorney-General (Raymond B. Madden, James O. Moore, Jr., and Paul C. Reuss of counsel), for respondents.

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

CONWAY, Ch. J.

Relator, Anthony Rainone, was convicted upon a plea of guilty of grand larceny, second degree, in the County Court of Kings County, and was sentenced on March 29, 1944 to State prison for a term of not less than 7 years and not more than 10 years.

On September 26, 1949 relator was released on parole. On April 19, 1950 while he was out on parole, relator was alleged to have committed the...

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