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PEOPLE EX REL. SMITH v. FLOOD

67 Misc.2d 1000 (1971)

The People of the State of New York ex rel. Calton Smith, Relator, v. Walter J. Flood, as Warden of the Nassau County Jail, Respondent.

Supreme Court, Special Term, Nassau County.

November 24, 1971

Attorney(s) appearing for the Case

James J. McDonough and Victor Ort for relator. William Cahn, District Attorney (Andrew Boyar of counsel), for respondent.

BERTRAM HARNETT, J.

By order to show cause dated November 17, 1971, the Warden respondent asked leave to reargue the October 26, 1971 order of this court sustaining a writ of habeas corpus on behalf of Calton Smith. Leave to reargue was given to the respondent on November 19, 1971, at which time counsel for both sides were before the court and conducted their reargument on the record.

Upon the requested...

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