PEOPLE EX REL. KORTH v. SMITH


57 A.D.2d 726 (1977)

The People of the State of New York ex rel. Robert F. Korth, 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.

April 15, 1977


Judgment unanimously affirmed.

Memorandum:

Relator is serving an indeterminate sentence up to four years imposed on October 27, 1975 following his plea of guilty for attempted criminal possession of a weapon in the third degree. On April 28, 1976 relator was granted a writ of habeas corpus upon a petition which alleged that his conviction was illegally obtained. The record at the hearing on the application reveals that relator had an appeal pending from his...

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