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PEOPLE EX REL. BENHAM v. CONBOY

35 Misc.2d 195 (1962)

The People of the State of New York ex rel. Frederick D. Benham, Jr., Relator, v. J. P. Conboy, as Warden of Great Meadow Correctional Institution, Respondent.

Supreme Court, Special Term, Washington County.

June 25, 1962

Attorney(s) appearing for the Case

Harold R. Moore, Jr., for relator. Louis J. Lefkowitz, Attorney-General (Herbert H. Smith and Robert W. Imrie of counsel), for respondent.

FELIX J. AULISI, J.

The facts in this writ of habeas corpus proceeding are not in dispute.

On September 27, 1960, the relator plead guilty before the Honorable PAUL J. WIDLITZ, County Judge of Nassau County, to the crime of attempted burglary in the third degree. On November 10, 1960, the relator was sentenced as a second felony offender for a term not less than four nor more than seven years in the State prison. Following the sentencing and the...

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