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PEOPLE EX REL. FAJEN v. FAY

8 A.D.2d 745 (1959)

The People of the State of New York ex rel. Robert Fajen, Appellant, v. Edward M. Fay, as Warden of Green Haven Prison, et al., Respondents

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

May 25, 1959

Order affirmed, without costs. (Cf. People v. Benjamin, 7 A.D.2d 410.)

Nolan, P. J., concurs, with the following memorandum:

The 93d Article of War enumerated various crimes punishable "as a court-martial may direct." Among them were assault with intent to do bodily harm with a dangerous weapon, and assault with intent to do bodily harm. Appellant contends that his previous conviction, which was used...

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