PEOPLE EX REL. EADDY v. WILKINS


27 A.D.2d 984 (1967)

The People of the State of New York ex rel. Samuel Eaddy, Appellant, v. Walter H. Wilkins, as Warden of Attica Prison, Respondent

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

April 6, 1967


Order unanimously affirmed.

Memorandum:

In November, 1963 relator was convicted on an indictment charging violation of subdivision 3 of section 1897 of the Penal Law as a felony because of a prior conviction. In December pursuant to the provisions of section 275-b of the Code of Criminal Procedure an information was filed charging the prior conviction which relator admitted and was sentenced to a term of 3½-5 years. In March, 1965 this habeas corpus proceeding...

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