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PEOPLE EX REL. RAPACKI v. MARTIN

6 A.D.2d 757 (1958)

The People of the State of New York, ex rel. John Rapacki, Respondent, v. Walter B. Martin, as Warden of Attica Prison, et al., Appellants

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

May 14, 1958

Order reversed upon the law, writ of habeas corpus dismissed, and relator remanded to the custody of the Warden of Attica Prison.

Memorandum:

The sentence imposed in this case was correct. The dismissal of the appeal in People v. Askew (3 A.D.2d 984) was subsequently vacated and motion for reargument granted (4 A.D.2d 853). Thereafter the judgment of conviction was reversed upon...

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