PEOPLE v. HAIRSTON


10 N.Y.2d 92 (1961)

The People of the State of New York, Appellant, v. Gilbert M. Hairston, Respondent.

Court of Appeals of the State of New York.

Decided June 9, 1961.


Attorney(s) appearing for the Case

Carman F. Ball, District Attorney (Robert A. Burrell of counsel), for appellant.

Richard F. Griffin for respondent.

Chief Judge DESMOND and Judges VAN VOORHIS, BURKE and FOSTER concur with Judge FULD; Judges DYE and FROESSEL concur in result.


FULD, J.

In reversing the trial court's denial of the defendant's application for post-conviction relief, and in directing that a hearing be held, the Appellate Division left undecided the nature of the relief to be accorded the defendant if successful and, upon this appeal by the People, we direct ourselves to that question.

The defendant has alleged that he was wrongfully prevented by prison authorities...

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