PEOPLE EX REL. ZAKRZEWSKI v. MANCUSI


22 N.Y.2d 400 (1968)

The People of the State of New York, ex rel. Andrew Zakrzewski, Appellant, v. Vincent R. Mancusi, as Warden of Attica State Prison, Respondent.

Court of Appeals of the State of New York.

Decided July 1, 1968.


Attorney(s) appearing for the Case

Stephen Ross for appellant.

Louis J. Lefkowitz, Attorney-General (Jack W. Hoffman, Ruth Kessler Toch and Herbert H. Smith of counsel), for respondent.

Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN concur.


Chief Judge FULD.

The relator, Andrew Zakrzewski, was convicted in 1955 of the crime of burglary in the third degree and is presently serving a sentence of from 5 to 20 years in prison based upon his status as a multiple felony offender. He now challenges the use of his only previous felony conviction, rendered more than 40 years ago, on the ground that he had previously been tried for the same offense and that...

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