PEOPLE EX REL. WRIGHT v. SMITH


50 A.D.2d 718 (1975)

The People of the State of New York Ex Rel. William Wright, Appellant, v. Harold J. Smith, as Superintendent of The Attica Correctional Facility, Respondent

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

November 6, 1975


Judgment unanimously affirmed.

Memorandum:

In this appeal from a judgment which denied a petition for a writ of habeas corpus, petitioner contends that he was denied due process because at the time of his trial, which commenced on July 31, 1972, he was required to furnish the People with a list of alibi witnesses without the opportunity to obtain a corresponding list of rebuttal witnesses in return. Section 295-1 of the Code of Criminal Procedure, which mandated...

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