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PEOPLE EX REL. DI UMBERTO v. FOLLETTE

28 A.D.2d 1140 (1967)

The People of the State of New York ex rel. Charles Di Umberto, Appellant, v. Harold W. Follette, as Warden of Green Haven Prison, Respondent

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

November 20, 1967

Even assuming that the remedy of habeas corpus was available to appellant, under the circumstances appearing in the record, we believe it would be futile to remit the proceeding for a hearing (People v. Murray, 25 A.D.2d 948

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