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PEOPLE EX REL. HETENYI v. JOHNSTON

10 A.D.2d 121 (1960)

The People of the State of New York ex rel. George Hetenyi, Appellant, v. W. Cecil Johnston, as Director of Dannemora State Hospital, Respondent

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

March 18, 1960.

Attorney(s) appearing for the Case

Robert P. Wylie for appellant.

Louis J. Lefkowitz, Attorney-General (Winifred C. Stanley and Paxton Blair of counsel), for respondent.

BERGAN, P. J., COON, GIBSON and HERLIHY, JJ., concur.

REYNOLDS, J.

The relator was indicted for the crime of murder, first degree. He was tried in Monroe County in January, 1950 and found guilty of murder, second degree. This conviction was reversed on an appeal by the relator (277 App. Div. 310, affd. 301 N.Y. 757) and he was then retried in May, 1951 for murder, first degree in Monroe County. On this second trial he was convicted...

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