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PEOPLE EX REL. ROHRLICH v. FOLLETTE

20 N.Y.2d 297 (1967)

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

Court of Appeals of the State of New York.

Decided July 7, 1967.

Attorney(s) appearing for the Case

Lauren D. Rachlin for appellant.

Louis J. Lefkowitz, Attorney-General (Winifred C. Stanley and Ruth Kessler Toch of counsel), for respondent.

Chief Judge FULD and Judges BURKE and BREITEL concur with Judge KEATING; Judges VAN VOORHIS, SCILEPPI and BERGAN dissent and vote to affirm.

KEATING, J.

Bernard Rohrlich was convicted, after a trial by jury, of robbery in the first degree, grand larceny in the second degree and assault in the second degree. The judgment of conviction was affirmed by the appellate courts of this State and certiorari was denied by the Supreme Court of the United States.

Some six years after his conviction, Rohrlich brought on a petition for a writ of habeas...

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