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PEOPLE EX REL. WATKINS v. MURPHY

3 N.Y.2d 163 (1957)

The People of the State of New York ex rel. James Watkins, Appellant, v. Robert E. Murphy, as Warden of Auburn State Prison, Respondent.

Court of Appeals of the State of New York.

Decided July 3, 1957.

Attorney(s) appearing for the Case

James Watkins, appellant in person.

Louis J. Lefkowitz, Attorney-General (John R. Davison, Paul C. Reuss and William S. Elder, Jr., of counsel), for respondent.

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

FULD, J.

In 1942, while on parole, James Watkins, the relator herein, was convicted in the Court of General Sessions of the County of New York as a second felony offender and sentenced to a term of from five to ten years in prison. In 1945, having served approximately three and a half years, he was released on parole. In November of 1949, while he was in Texas, a New York State parole violation warrant was lodged...

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