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PEOPLE EX REL. BLYDEN v. DENNO

28 A.D.2d 683 (1967)

The People of the State of New York ex rel. Herbert Blyden, Appellant, v. Wilfred L. Denno, Warden of Sing Sing Prison, Respondent

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

June 5, 1967

We affirm dismissal of the writ on the ground that no reason of practicality or necessity was asserted to justify review of the matters raised by habeas corpus while relator's appeal from the judgment of conviction was pending (People ex rel. Keitt v. McMann, 18 N.Y.2d 257, 262). We have considered the merits, however, and, were we not affirming dismissal on the procedural ground, we would have affirmed dismissal...

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