PEOPLE EX REL. KAGANOVITCH v. WILKINS


23 A.D.2d 178 (1965)

The People of the State of New York ex rel. Isidore Kaganovitch, Appellant, v. Walter H. Wilkins, as Warden of Attica State Prison, Respondent

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

May 13, 1965.


Attorney(s) appearing for the Case

Stanley A. Moskal, Jr., for appellant.

Louis J. Lefkowitz, Attorney-General (Frederick T. Devlin of counsel), for respondent.

WILLIAMS, P. J., HENRY, NOONAN and DEL VECCHIO, JJ., concur.


GOLDMAN, J.

In this appeal from a dismissal of his application for a writ of habeas corpus relator's petition urges three grounds. The claim that the indictment was defective in that it charged him with assault, second degree, with intent to commit the crime of sodomy, which was a misdemeanor rather than a felony, has no merit. We view the other matters in his petition, relating to the failure of the sentencing...

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