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PEOPLE EX REL. HARRINGTON v. McMANN

23 A.D.2d 940 (1965)

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

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

May 24, 1965

MEMORANDUM BY THE COURT.

Essentially the validity of the judgment is not attacked. Appellant contends that he is entitled to discharge from custody upon the ground that the commitment issued in execution of a resentence imposed on October 8, 1954 pursuant to an order of the County Court of Wyoming County was void for its failure to state the crime of which he was convicted as required by section 485 of the Code of Criminal Procedure and because of an error misnaming...

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