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PEOPLE v. BATTLE

32 Misc.2d 196 (1961)

The People of the State of New York, Plaintiff, v. John Joseph Battle, Defendant.

County Court, Albany County.

December 27, 1961

Attorney(s) appearing for the Case

John T. Garry, II, District Attorney (Condon Lyons of counsel), for plaintiff.

MARTIN SCHENCK, J.

This petition has been designated a motion "for correction of sentence". In a memorandum opinion upon appeal from dismissal of a writ of habeas corpus by this defendant, the Appellate Division, Third Department, in affirming the order of the Clinton County Court, stated as follows: "Habeas corpus is not this relator's remedy at this time. If he feels the sentence is excessive he can apply...

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