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PEOPLE EX REL. WASMUND v. WALLACK

25 Misc.2d 277 (1960)

The People of the State of New York ex rel. Kenneth M. Wasmund, Relator, v. Walter M. Wallack, as Warden of Wallkill State Prison, Respondent.

County Court, Ulster County.

June 23, 1960.

Attorney(s) appearing for the Case

Kenneth M. Wasmund, relator in person, and Charles J. Saccoman for relator. Louis J. Lefkowitz, Attorney-General (Manuel T. Murcia of counsel), for respondent.

LOUIS G. BRUHN, J.

This is an application for a writ of habeas corpus in which the relator predicates his relief primarily on the alleged illegality of his sentence.

The relator was found guilty, after trial, on two counts of an indictment which charged attempted rape in the first degree and assault in the second degree.

On March 30, 1959, at a time when he was 19 years of age, the relator was...

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