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PEOPLE v. LAMPKINS

21 N.Y.2d 138 (1967)

The People of the State of New York, Respondent, v. Rex Lampkins, Also Known as Theodore Spears, Appellant.

Court of Appeals of the State of New York.

Decided December 28, 1967.

Attorney(s) appearing for the Case

Leon B. Polsky and Anthony F. Marra for appellant.

Isidore Dollinger, District Attorney (Robert Cantor and Daniel J. Sullivan of counsel), for respondent.

Opinion by Judge KEATING. All concur, Judge BREITEL in result, except Judges VAN VOORHIS and SCILEPPI who dissent and vote to affirm.

KEATING, J.

After a trial on an indictment charging murder in the first degree, Rex Lampkins was convicted of murder in the second degree on May 16, 1950. He was sentenced as a second felony offender to 50 years to life imprisonment. This sentence was later reduced to 30 years to life.

Lampkins applied for a writ of error coram nobis to the Supreme Court, Bronx County, in July, 1965. The application...

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