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PEOPLE EX REL. BAUMGART v. MARTIN

9 N.Y.2d 351 (1961)

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

Court of Appeals of the State of New York.

Decided March 30, 1961.

Attorney(s) appearing for the Case

Robert M. Cipes for appellant.

Louis J. Lefkowitz, Attorney-General (Winifred C. Stanley and Paxton Blair of counsel), for respondent.

Judges FROESSEL, VAN VOORHIS, BURKE and FOSTER concur with Judge DYE; Chief Judge DESMOND dissents in an opinion in which Judge FULD concurs.

DYE, J.

The relator instituted this proceeding for a writ of habeas corpus by a petition verified June 4, 1957, claiming that the 40-year-to-life sentence (which is presently being served in Attica Prison) following conviction after trial of the crime of murder, second degree, was illegally imposed in that the clerk of the court failed to call the roll of the jurors following...

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