PEOPLE EX REL. DANIELS v. WARDEN, QUEENS HOUSE OF DET.


32 A.D.2d 972 (1969)

The People of the State of New York ex rel. James Daniels, Jr., Appellant, v. Warden, Queens House of Detention, Respondent

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

July 14, 1969


Order affirmed, without costs.

While the application was erroneously treated as above noted, we have considered the application in its habeas corpus perspective and find it to be without merit. In our opinion, section 335-b of the Code of Criminal Procedure (now § 335-c) was inapplicable to the crime of murder in the second degree to which relator pleaded guilty. This crime was punishable under section 1048 of the former Penal Law, which contained no prescription...

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