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PEOPLE EX REL. MAFERA v. JACKSON

3 A.D.2d 637 (1956)

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

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

December 20, 1956

Relator attacks the sufficiency of the indictment and the failure of the trial court "to dismiss, modify, amend or declare a mistrial of" the count of the indictment upon which relator was convicted. Such contentions may not be reviewed by habeas corpus. It is noted, nevertheless, that the count of the indictment questioned properly and sufficiently charges burglary in the third degree.

Order unanimously...

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