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PEOPLE EX REL. GARCIA v. WARDEN, SING SING PRISON

28 A.D.2d 682 (1967)

The People of the State of New York ex rel. Maximo Garcia, Appellant, v. Warden, Sing Sing Prison, Respondent

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

June 5, 1967

The pendency of relator's appeal from the judgment of conviction rendered dismissal of the writ proper (People ex rel. Keitt v. McMann, 18 N.Y.2d 257, 262; People v. Howard, 12 N.Y.2d 65, 66). The alleged illegality of relator's arrest, even if proved, would not have entitled him to post-conviction relief (People v. Grant, 16 N.Y.2d 722, 723). Relator...

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