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PEOPLE EX REL. KELLY v. WILKINS

14 A.D.2d 490 (1961)

The People of the State of New York ex rel. Jady Kelly, Appellant, v. Walter H. Wilkins, as Warden of Attica Prison, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

June 28, 1961

Order unanimously reversed, without costs of this appeal to either party, and matter remanded to Wyoming County Court for further proceedings in accordance with memorandum.

Memorandum:

Relator is presently serving a maximum sentence of life imprisonment upon his conviction of murder, second degree, on April 19, 1920 in Supreme Court, Steuben County. In this habeas corpus proceeding he alleged that the sentencing court...

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