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PEOPLE EX REL. CLEMENTE v. WARDEN

10 A.D.2d 57 (1960)

The People of the State of New York ex rel. Michael Clemente, Respondent, v. 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.

March 2, 1960.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (William S. Elder, Jr., Paxton Blair and Joseph J. Rose of counsel), for appellant.

Maurice Edelbaum, A. Jacob Abrams and Gerald D. Roth for Michael Clemente, respondent.

Present — WILLIAMS, P. J., BASTOW, GOLDMAN, McCLUSKY and HENRY, JJ.

McCLUSKY, J.

This is an appeal from an order of the Cayuga County Court granting a writ of habeas corpus.

The relator was convicted March 16, 1956 in the Court of General Sessions of the City of New York upon an indictment for perjury, first degree, as a first offender, upon a plea of guilty. He was sentenced to Auburn Prison for an indeterminate term of two and one-half to five years' imprisonment. Upon...

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