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PEOPLE EX REL. JOHNSON v. REDMAN

23 Misc.2d 58 (1960)

The People of the State of New York ex rel. James C. Johnson, Relator, v. John A. Redman, as Superintendent of the Erie County Penitentiary, Respondent.

Supreme Court, Erie County.

March 4, 1960.

Attorney(s) appearing for the Case

James C. Johnson, relator in person.

Elmer R. Weil, County Attorney (Fred Buscaglia of counsel), for respondent.

MATTHEW J. JASEN, J.

This is a hearing on a writ of habeas corpus.

The petitioner was indicted in January, 1959 by the Grand Jury of Erie County on two counts, assault in the second degree (Penal Law, § 242) and carrying with intent to use a dangerous weapon, contrary to subdivision 1 of section 1897 of the Penal Law.

At his arraignment on the charges, he pleaded not guilty. Thereafter, on...

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