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PEOPLE EX REL. CLEMENTE v. WARDEN

9 N.Y.2d 216 (1961)

The People of the State of New York ex rel. Michael Clemente, Appellant, v. Warden of Auburn Prison et al., Respondents.

Court of Appeals of the State of New York.

Decided March 2, 1961.

Attorney(s) appearing for the Case

Harris B. Steinberg and Jack M. Steingart for appellant.

Louis J. Lefkowitz, Attorney-General (Joseph J. Rose and Paxton Blair of counsel), for respondents.

Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS and BURKE concur.

FOSTER, J.

Relator appeals from an order of the Appellate Division which unanimously reversed on the law an order of the Cayuga County Court sustaining a writ of habeas corpus and directing relator's release from custody.

Relator was sentenced on March 16, 1956, upon his plea of guilty to the crime of perjury, first degree, to an indeterminate term of imprisonment of from 2½ to 5 years. He was received...

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