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PEOPLE EX REL. HAYNES v. LA VALLEE

31 Misc.2d 839 (1961)

The People of the State of New York ex rel. Alfred Baldwin Haynes, Relator, v. J. Edwin La Vallee, as Warden of Clinton Prison, Respondent.

County Court, Clinton County.

December 11, 1961

Attorney(s) appearing for the Case

Alfred B. Haynes, relator in person. Louis Lefkowitz, Attorney-General (Charles Lewis of counsel), for respondent.

SHERLOCK E. HALEY, J.

Relator has sued out a writ of habeas corpus against the Warden of Clinton Prison at Dannemora, New York.

The relator was sentenced as a third offender in the Suffolk County Court in 1956 and in 1958 was returned there for resentencing on the ground that he had received a suspended sentence on one of his underlying convictions and therefore was not a third offender under section 1943 of the Penal Law (People v. Shaw

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