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PEOPLE EX REL. WARREN v. SMITH

79 Misc.2d 643 (1974)

The People of the State of New York ex rel. Charles B. Warren, Relator, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent.

County Court, Wyoming County.

November 12, 1974

Attorney(s) appearing for the Case

Edward L. Chassin for relator. Louis J. Lefkowitz, Attorney-General (Bedros Odian of counsel), for respondent.

JULIAN R. HANLEY, J.

This habeas corpus proceeding challenges the relator's two and one-half to five-year sentence he received as a second felony offender pursuant to section 70.06 of the Penal Law. The sentencing minutes show that a predicate felony information was filed but that a rather cursory arraignment was held as follows:

"THE COURT: Does he have a predicate felony? "MR. GOLDBERG:...

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