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PEOPLE EX REL. JENKS v. McMANN

27 A.D.2d 580 (1966)

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

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

December 8, 1966

GIBSON, P. J.

We are required by present decisional law to reverse the judgment and to remit the proceeding to Special Term for rehearing after assignment of counsel to represent relator thereat. This was our decision in People ex rel. Rodriguez v. La Vallee (26 A.D.2d 8) in which we said: "The recent decisions of the Court of Appeals in cases closely parallel to this make it abundantly clear that relator's request...

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