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PEOPLE EX REL. SHEEHAN v. MURPHY

6 N.Y.2d 238 (1959)

The People of the State of New York ex rel. John Sheehan, 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.

Hayden H. Dadd for respondent.

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

VAN VOORHIS, J.

This relator pleaded guilty October 14, 1930, in the Court of General Sessions of the County of New York, with counsel, to armed robbery in the second degree. He was sentenced to from 12½ to 25 years' imprisonment, including an additional term for being armed under section 1944 of the Penal Law. He was paroled on February 20, 1939, but in 1953, while on parole, he was convicted in the State...

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