PEOPLE EX REL. GIBBS v. VINCENT


49 A.D.2d 631 (1975)

The People of the State of New York ex rel. Lonnie Lester Gibbs, Appellant, v. Leon J. Vincent, as Superintendent, Green Haven Correctional Facility, Respondent

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

July 21, 1975


Judgment affirmed, without costs.

Whether the Court of Appeals did or did not consider the Fifth and Sixth Amendments, as constitutional questions raised, should be left to that court to decide.

Shapiro, J., dissents and votes to reverse and to direct petitioner's discharge, with the following memorandum:

On April 4, 1966 the body of one Archie Loper was found in a parking lot in Spring Valley, New York. Loper had been stabbed to death...

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