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PEOPLE EX REL. McALLISTER v. McMANN

25 A.D.2d 460 (1966)

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.

January 13, 1966

HERLIHY, J.

This is an appeal from an order which dismissed, following a hearing, a writ of habeas corpus. First, the contention that the appellant was not present at the time of his sentence was determined by this court on a prior appeal (see 24 A.D.2d 659). Second, the minutes of the Clerk of the court at the time of sentence conclusively demonstrate that section 480 of the Code of Criminal Procedure was complied...

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