PEOPLE EX REL. LA BELLE v. HARRIMAN


35 A.D.2d 13 (1970)

The People of the State of New York ex rel. Edward F. La Belle, Appellant, v. Harold E. Harriman, as Sheriff of The County of Rensselaer, Respondent

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

July 8, 1970.


Attorney(s) appearing for the Case

Marvin I. Honig for appellant.

Con G. Cholakis, District Attorney (Kermit D. McGinnis of counsel), for respondent.

HERLIHY, P. J., STALEY, JR., GREENBLOTT and SWEENEY, JJ., concur.


COOKE, J.

This is an appeal from a judgment of the Supreme Court at Special Term, entered June 17, 1969 in Rensselaer County, which dismissed, after a hearing, a writ of habeas corpus.

On December 3, 1963, relator was arrested upon a "John Doe" warrant charging third degree assault. Thereafter he was arraigned and indicted on the unrelated charges of first degree murder and unlawful possession of a firearm...

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