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PEOPLE EX REL. WILLIAMS v. MURPHY

6 N.Y.2d 234 (1959)

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

Court of Appeals of the State of New York.

Decided July 8, 1959.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Joseph J. Rose and Paxton Blair of counsel), for appellants.

Amos Williams, respondent in person.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL and BURKE concur.

VAN VOORHIS, J.

The order appealed from sustains relator's writ of habeas corpus, and directs that he be resentenced upon his conviction on plea of guilty of the crime of manslaughter in the first degree. Relator had been indicted for murder in the first degree.

This writ of habeas corpus has been sustained after a hearing, upon the ground that when relator was...

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