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PEOPLE EX REL. HUNKER v. SMITH

47 A.D.2d 582 (1975)

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

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

January 16, 1975

Judgment unanimously reversed and writ granted in accordance with the following memorandum: In 1959 relator was sentenced to one day to life for violation of section 483-b of the former Penal Law and in 1971 he was resentenced to the same term. The sentence was affirmed upon appeal (People v. Hunker, 35 N.Y.2d 870). Upon his habeas corpus application, the trial court found after a hearing that relator has not received any psychiatric...

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