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PEOPLE EX REL. WRIGHT v. REDMAN

27 Misc.2d 984 (1960)

The People of the State of New York Ex Rel. Martin J. Wright, Jr., Relator, v. John A. Redman, as Superintendent of the Erie County Penitentiary at Alden, Respondent.

Supreme Court, Erie County.

December 2, 1960

Attorney(s) appearing for the Case

Martin J. Wright, Jr., relator in person. Elmer R. Weil, County Attorney (Fred Buscaglia of counsel), for respondent.

WILLIAM B. LAWLESS, J.

This is the decision after the hearing on the return day of the writ of habeas corpus granted to the petitioner by Justice CARLTON A. FISHER on November 18, 1960.

The question before the court is one of law, that is whether under the sentence imposed by Erie County Judge LATONA upon the relator on September 23, 1959, the relator can be required to serve time in the Erie County...

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