PEOPLE EX REL. ANDERSON v. WARDEN


68 Misc.2d 463 (1971)

The People of the State of New York ex rel. Jerome Anderson, Relator, v. Warden of New York City Correctional Institution for Men, Respondent. The People of the State of New York ex rel. William Blount, Relator, v. Warden of New York City Correctional Institution for Men, Respondent. The People of the State of New York ex rel. Stephen Bergin, Also Known as Stephen Lake Porter, Relator, v. Warden of New York City Correctional Institution for Men, Respondent.

Supreme Court, Special Term, Bronx County.

October 29, 1971


Attorney(s) appearing for the Case

Robert Kasanof and Joseph A. Kaplan for relators. Burton B. Roberts, District Attorney (David S. Blatt of counsel), for respondent.


GEORGE STARKE, J.

These three cases present the common procedural issue of whether each relator's writ should be dismissed on the ground that a more appropriate remedy would be a motion to vacate judgment or set aside sentence under article 440 of the Criminal Procedure Law.

The factual situations in the three cases are as follows:

1. Jerome Anderson: Relator claims that his indefinite penitentiary sentence under section 203 of...

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