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PEOPLE EX REL. MITCHELL v. MARTIN

12 A.D.2d 736 (1960)

The People of the State of New York ex rel. Carleton Mitchell, Respondent, v. Walter B. Martin, as Warden of Attica Prison, Appellant

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

December 9, 1960

Order unanimously reversed and relator remanded to County Court of Seneca County for further proceedings in accordance with the memorandum.

Memorandum:

The relator was convicted and sentenced for assault, second degree, in Seneca County Court in June of 1944. In 1955, he was convicted of assault, second degree, and sentenced as a second offender in the County Court of Onondaga County. Thereafter he petitioned for the issuance of a writ of habeas corpus claiming...

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