PEOPLE EX REL. TOLBERT v. MURPHY


25 Misc.2d 647 (1960)

The People of the State of New York ex rel. Clyde Tolbert, Relator, v. Robert E. Murphy, as Warden of Auburn Prison, Respondent.

Supreme Court, Cayuga County.

August 15, 1960.


Attorney(s) appearing for the Case

John J. Costello for relator. Louis J. Lefkowitz, Attorney-General (William S. Elder, Jr., of counsel), for respondent. Isidore Dollinger, District Attorney of Bronx County (Milton Altschuler of counsel), for respondent.


ARTHUR E. BLAUVELT, J.

This is a habeas corpus proceeding brought by relator Clyde Tolbert, an inmate of Auburn Prison, who is confined therein pursuant to the mandate of a judgment of conviction rendered in Bronx County Court (JOSEPH, J.) on November 16, 1949, convicting relator of these three crimes, with sentences imposed thereon to be served consecutively as follows: rape, first degree, 10 years to 20 years...

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