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PEOPLE EX REL. KEITT v. McMANN

18 N.Y.2d 257 (1966)

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

Court of Appeals of the State of New York.

Decided September 29, 1966.

Attorney(s) appearing for the Case

Nanette Dembitz for appellant.

Louis J. Lefkowitz, Attorney-General (Winifred C. Stanley and Ruth Kessler Toch of counsel), for respondent.

Frank S. Hogan, District Attorney (H. Richard Uviller, Malvina H. Guggenheim and Milton M. Stein of counsel), amicus curiæ.

Chief Judge DESMOND and Judges FULD, BURKE, BERGAN and KEATING concur with Judge SCILEPPI; Judge VAN VOORHIS concurs without reaching the other questions on the ground that relator is not aggrieved.

SCILEPPI, J.

Relator appeals to this court by our permission from an order of the Appellate Division, Third Department, which unanimously affirmed a judgment of the Supreme Court, Clinton County, dismissing a writ of habeas corpus on the ground that habeas corpus is not the proper remedy.

Having been indicted for robbery in the first degree and for carrying a dangerous weapon as a felony, relator was...

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