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PEOPLE EX REL. RUSSO v. JACKSON

7 A.D.2d 672 (1958)

The People of the State of New York ex rel. Anthony Ernest Russo, 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.

November 10, 1958

Appellant was indicted by the Grand Jury of Queens County on January 17, 1955 on two counts of grand larceny, alleging the date of the crimes as December 1, 1954. At the end of the trial the court dismissed the first count and granted the District Attorney's motion over defendant's objection to amend the date of crime charged in the second count to read January 3, 1955 instead of December 1, 1954. The Clinton County Special Term has dismissed a writ of habeas corpus. The...

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