PEOPLE EX REL. RODRIGUEZ v. LA VALLEE


26 A.D.2d 8 (1966)

The People of the State of New York ex rel. Carlos Rodriguez, Appellant, v. J. Edwin La Vallee, as Warden of Clinton Prison, et al., Respondents

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

May 26, 1966.


Attorney(s) appearing for the Case

Robert Siegel for appellant.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and Edwin R. Oberwager of counsel), for respondents.

GIBSON, P. J., HERLIHY, TAYLOR and AULISI, JJ., concur in Per Curiam opinion; REYNOLDS, J., dissents and votes to affirm in a memorandum.


Per Curiam.

Appeal is taken from a judgment of the Supreme Court which dismissed a writ of habeas corpus, after a hearing at which relator, an inmate of Clinton Prison, requested and was denied assignment of counsel to represent him.

The recent decisions of the Court of Appeals in cases closely parallel to this make it abundantly clear that relator's request must be granted; and that at any hearing directed to be held upon the return of a writ of habeas...

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