PEOPLE EX REL. BARTLAM v. MURPHY


9 N.Y.2d 550 (1961)

The People of the State of New York ex rel. George Bartlam, Appellant, v. Robert E. Murphy, as Warden of Auburn State Prison, Respondent.

Court of Appeals of the State of New York.

Decided May 18, 1961.


Attorney(s) appearing for the Case

Eugene L. Wishod for appellant.

Louis J. Lefkowitz, Attorney-General (Joseph J. Rose of counsel), for respondent.

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


FOSTER, J.

Relator appeals, as of right, on constitutional grounds, from an order of the Appellate Division, Fourth Department, which unanimously affirmed an order of the Supreme Court, Cayuga County, dismissing a writ of habeas corpus. In a verified petition relator had alleged that he and his counsel were not present during part of his trial for the crime of murder, first degree.

Relator was convicted...

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