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PEOPLE EX REL. SMITH v. LAVALLEE

29 A.D.2d 248 (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

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

February 15, 1968.

Attorney(s) appearing for the Case

Charles W. Avery for appellant.

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

WILLIAMS, P. J., BASTOW, GOLDMAN and DEL VECCHIO, JJ., concur.

MARSH, J.

The relator was convicted of assault second degree with intent to commit the felony sodomy, and sentenced to one day to life on February 13, 1952. Subsequently this court (People v. Smith, 22 A.D.2d 333), reversed an order of Erie County Court denying defendant's application for a writ of error coram nobis, vacated the sentence imposed February 13, 1952 and ordered defendant remanded for resentencing...

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