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PEOPLE EX REL. WILDER v. MARKLEY

29 A.D.2d 542 (1967)

The People of the State of New York ex rel. William Wilder, Respondent, v. Edwin Markley, as Warden of Westchester County Jail, Appellant

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

December 4, 1967

(The conviction was theretofore affirmed [People v. Wilder, 18 A.D.2d 668].) Order reversed, on the law and facts, without costs, writ dismissed and relator remanded to the custody of appellant. The ground upon which Special Term sustained the writ was that relator's absence from the courtroom when the jury returned for and was given further instructions on an aspect of one of the three...

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