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PEOPLE EX REL. AUSTIN v. HENDERSON

54 A.D.2d 613 (1976)

The People of the State of New York ex rel. Gary Austin, Appellant, v. Robert J. Henderson, as Superintendent of The Auburn Correctional Facility, Respondent

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

September 24, 1976

Judgment unanimously affirmed.

Memorandum:

Relator is presently incarcerated in Auburn Correctional Facility pursuant to an indeterminate sentence of three years to life imprisonment for the crime of criminally selling a controlled substance, third degree. In this habeas corpus proceeding he contends that the sentence is excessive and cruel and inhuman because he should have been sentenced to a drug rehabilitation center. The sentence is proper under the mandatory...

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