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PEOPLE EX REL. FEIN v. FOLLETTE

34 A.D.2d 835 (1970)

The People of the State of New York ex rel. Mark Fein, Appellant, v. Harold W. Follette, as Warden of Green Haven Prison, Respondent

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

May 25, 1970

Judgment affirmed, without costs.

Under an indictment charging murder in the first degree, relator was found guilty of murder in the second degree and was sentenced to a prison term of 30 years to life. Since he was not found guilty of murder in the first degree and was not sentenced to death, the principles of law enunciated in Witherspoon v. Illinois (391 U.S. 510) and the fact that there was a statute (Judiciary Law, §...

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