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PEOPLE EX REL. FEIN v. FOLLETTE

61 Misc.2d 826 (1970)

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

Supreme Court, Dutchess County.

January 19, 1970

Attorney(s) appearing for the Case

Weisman, Celler, Allan, Spett & Sheinberg (O. John Rogge of counsel), for relator. Louis J. Lefkowitz, Attorney-General (Vincent A. Marsicano of counsel), for respondent. Frank S. Hogan, District Attorney (William C. Donnino of counsel).

W. VINCENT GRADY, J.

This writ of habeas corpus raises two issues concerning the illegality of relator's sentence of 30 years to life imposed by Mr. Justice CULKIN for murder in the second degree after a jury trial in the Supreme Court, New York County.

I

DID SECTION 597 OF THE NEW YORK JUDICIARY LAW, AS APPLIED IN NEW YORK COUNTY, VIOLATE THE DUE PROCESS AND EQUAL PROTECTION CLAUSES OF THE...

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