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PEOPLE EX REL. MILLER v. MARTIN

1 N.Y.2d 406 (1956)

The People of the State of New York ex rel. Harold R. Miller, Appellant, v. Walter B. Martin, as Warden of Attica Prison.

Court of Appeals of the State of New York.

Decided July 11, 1956.

Attorney(s) appearing for the Case

Hayden H. Dadd for appellant.

Jacob K. Javits, Attorney-General (Matthew A. Tiffany, James O. Moore, Jr., and Frederick T. Devlin of counsel), for respondent.

CONWAY, Ch. J., VAN VOORHIS and BURKE, JJ., concur with FROESSEL, J.; DESMOND, J., dissents in an opinion in which DYE and FULD, JJ., concur.

FROESSEL, J.

On February 25, 1952 relator was arraigned at a term of the Chautauqua County Court on three indictments which accused him of committing the crimes of rape first degree, rape second degree, assault second degree and attempted extortion. Present with retained counsel, relator pleaded not guilty. Between this date and April 14, 1952 relator was incarcerated for some time in the Gowanda State Homeopathic...

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