PEOPLE EX REL. McALLISTER v. McMANN


24 A.D.2d 659 (1965)

The People of the State of New York ex rel. James McAllister, Appellant, v. Daniel McMann, as Warden of Clinton Prison, Respondent

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

July 8, 1965


Per Curiam.

The relator challenges his detention on the ground that neither he nor his counsel was present when the sentence he is serving was pronounced. The Attorney-General has submitted a certified copy of the minutes of the Clerk of the court which state on January 22, 1952, the "defendant [relator-appellant] personally appeared, with counsel, and, after first being duly asked if he had any legal cause to show...

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