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PEOPLE EX REL. CARUTH v. LA VALLEE

37 A.D.2d 661 (1971)

The People of the State of New York ex rel. Clarence D. Caruth, Appellant, v. J. Edwin La Vallee, as Warden of Clinton Prison, Respondent

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

June 28, 1971

Relator alleged: that he was confined at the time of execution of the petition in the Clinton State Prison, that on December 16, 1955 he was sentenced by the County Court of Queens County to a term of not less than 15 nor more than 20 years as a second felony offender, based on his plea of guilty to robbery in the third degree; and that on March 24, 1970, contending pursuant to People v. Montgomery (24 N.Y.2d 130) that he was not...

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