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PEOPLE EX REL. MARCELIN v. ATTORNEY-GEN. OF THE STATE OF NEW YORK

24 A.D.2d 771 (1965)

The People of the State of New York ex rel. Harvey Marcelin, Petitioner, v. Attorney-General of the State of New York et al., Respondents

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

October 5, 1965

Application for an order to show cause, which we deem to be a petition for writ of habeas corpus pursuant to CPLR 7002 (subd. [b], par. 2) denied as insufficient on its face (People v. Dusablon, 16 N.Y.2d 9). Appellant's conviction has been affirmed upon appeal (People v. Marcelin, 23 A.D.2d 368). If we were to consider the application as one for an order to show cause to commence a proceeding...

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