PEOPLE EX REL. DAVIS v. SMITH


54 A.D.2d 1131 (1976)

The People of the State of New York ex rel. Frank Davis, 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.

November 12, 1976


Judgment unanimously affirmed.

Memorandum:

Relator was convicted on his plea of guilty to two counts of criminally selling a dangerous drug, third degree. The judgment was affirmed on appeal (People v Davis, 43 A.D.2d 665). He brings this habeas corpus proceeding alleging that the sentencing court erroneously held an informal hearing before sentencing and received evidence concerning his conduct during the period of time between his plea of guilty and...

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