PEOPLE EX REL. COMBS v. LA VALLEE


53 Misc.2d 281 (1967)

The People of the State of New York ex rel. Willie Combs, Relator, v. J. Edwin La Vallee, as Warden of Auburn Prison, Respondent.

Supreme Court, Cayuga County.

March 28, 1967


Attorney(s) appearing for the Case

Albert S. Pergam for relator.


ARTHUR E. BLAUVELT, J.

Relator, an inmate of Auburn Prison, has presented a petition for a writ of habeas corpus, verified by his attorney-petitioner March 21, 1967.

The petition is defective in that a copy of the mandate by virtue of which relator is detained is not annexed thereto, as required by CPLR 7002 (subd. [c], par. 1). However, this omission in this instance will be waived, as the necessary material facts of the underlying conviction...

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