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PEOPLE v. STEWART

16 A.D.2d 962 (1962)

The People of the State of New York, Respondent, v. Johnny B. Stewart, Appellant

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

June 18, 1962

Order affirmed.

Defendant's claim, even if true, that he was induced to waive extradition by the representation of an Assistant District Attorney that he would receive a maximum sentence of five years, is not a ground for vacating the judgment of conviction (cf. Frisbie v. Collins, 342 U.S. 519, 522). An alleged similar representation, made by the District Attorney to defendant's mother, after defendant was in custody in Suffolk...

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