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PEOPLE EX REL. WILLIAMS v. MURPHY

7 A.D.2d 893 (1959)

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

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

January 15, 1959

Order affirmed, without costs of this appeal to any party.

HALPERN, J. (dissenting).

I dissent from the decision of the court in this case for substantially the same reasons as those given in my dissent in People ex rel. Sheehan v. Murphy (7 A.D.2d 889). However, there are certain additional facts in this case which make it unnecessary to hold a further hearing.

In this case, it appears that the...

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