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PEOPLE EX REL. HUTCHINGS v. SMITH

50 A.D.2d 1097 (1975)

The People of the State of New York ex rel. Louis H. Hutchings, Respondent, v. Harold J. Smith, as Superintendent of The Attica Correctional Facility, Appellant

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

December 17, 1975

Judgment unanimously reversed and matter remitted to Wyoming County Court for further proceedings in accordance with the following memorandum: This appeal is from a grant of a writ of habeas corpus discharging relator from custody. On April 29, 1970 the Cortland County Court sentenced him to a prison term of one day to life after his conviction of rape in the first degree. Three years later, by a motion under CPL 440, he petitioned that court for resentencing on the ground...

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