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PEOPLE EX REL. SMITH v. VALLEE

21 N.Y.2d 1037 (1968)

The People of the State of New York ex rel. Robert Thomas Smith, Appellant, v. J. Edwin La Vallee, as Warden of Auburn State Prison, Respondent.

Court of Appeals of the State of New York.

Decided April 18, 1968.

Attorney(s) appearing for the Case

Paul Magill for motion.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch, William S. Elder, Jr., and Robert A. Contiguglia of counsel), opposed.

Motion denied without prejudice to a further application for a writ of habeas corpus in connection with the constitutionality of section 2189-a of the Penal Law (see People v. Bailey, 21 N.Y.2d 588

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