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PEOPLE v. HAYNES

26 N.Y.2d 665 (1970)

The People of the State of New York, Respondent, v. Wilson Haynes, Appellant.

Court of Appeals of the State of New York.

Decided January 8, 1970.

Attorney(s) appearing for the Case

Matthew Muraskin and James J. McDonough for appellant.

William Cahn, District Attorney (Henry P. DeVine of counsel), for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.

MEMORANDUM.

The minutes of change of plea and sentence indicate the possibility that defendant and the complaining witness, without a ceremonial marriage, lived together for some 10 years as husband and wife, first in Alabama and then in New York City. Both the People and the defendant urge, therefore, that the case be remanded for a hearing to determine whether the assault and related charges were within the exclusive original...

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