PEOPLE EX REL. BATISTA v. ZELKER


39 A.D.2d 343 (1972)

The People of the State of New York ex rel. Jaime Ramon Batista, Appellant, v. John L. Zelker, as Superintendent of Green Haven Correctional Facility, Respondent

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

July 5, 1972.


Attorney(s) appearing for the Case

Bacharach, Green & Bass (Stephen E. Bass of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and Iris A. Steel of counsel), for respondent.

HOPKINS, Acting P. J., MUNDER, GULOTTA and BRENNAN, JJ., concur.


BENJAMIN, J.

This is an appeal from a judgment dismissing a writ of habeas corpus. The appellant was given a reformatory sentence. He began serving the sentence at the Elmira Reformatory, but thereafter was transferred to Green Haven Correctional Facility. His counsel contends that the transfer constituted a denial of due process of law and of equal protection of the law. At Special Term the appellant did not...

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