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  5. 8 A.D.2d 858 (1959)
 

PEOPLE EX REL. BARONE v. SUPERINTENDENT OF BELLEVUE HOSP.

8 A.D.2d 858 (1959)

The People of the State of New York ex rel. Anthony Barone, Relator, v. Superintendent of Bellevue Hospital, New York, Respondent

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

June 29, 1959

Writ dismissed.

Beldock, J., dissents and votes to sustain the writ and to remand the relator to the City Prison for the purpose of immediate resentencing, with the following memorandum:

In 1955, in the County Court, Kings County, a final judgment was rendered convicting relator of the crime of assault in the second degree with intent to commit sodomy and sentencing him as a second felony offender to serve from 8½ to 10 years. In January...

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