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PEOPLE EX REL. BELL v. LA VALLEE

22 A.D.2d 1013 (1964)

The People of the State of New York ex rel. John Henry Bell, Respondent, v. J. Edwin La Vallee, as Warden of Auburn Prison, et al., Appellants

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

December 10, 1964

Order unanimously reversed on the law, writ dismissed, and relator remanded to the custody of the Warden of Auburn Prison.

Memorandum:

The Warden of Auburn Prison appeals from an order of Cayuga County Court which sustained a writ of habeas corpus, vacated a sentence imposed upon relator as a second felony offender and directed that he be resentenced as a first felony offender. The basis for sustaining the writ was the County Court's determination that deferment...

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