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PEOPLE EX REL. McINTOSH v. FAY

18 A.D.2d 175 (1963)

The People of the State of New York ex rel. Hugh McIntosh, Jr., Respondent, v. Edward M. Fay, as Warden of Green Haven Prison, Appellant

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

March 18, 1963.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Anthony J. Lokot of counsel), for appellant.

No appearance for respondent.

BELDOCK, P. J., KLEINFELD, CHRIST and BRENNAN, JJ., concur.

SAMUEL RABIN, J.

On November 7, 1951 the relator, upon his plea of guilty, was convicted of a felony in the former County Court, Kings County, for which he was duly sentenced. On January 4, 1960, the relator, upon his plea of guilty previously entered October 19, 1959, was convicted of another felony in the former County Court, Queens County. No appeal was taken from the judgment of conviction for the latter felony.

It is undisputed that when...

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