PEOPLE EX REL. BURTS v. HENDERSON


64 A.D.2d 1009 (1978)

The People of the State of New York ex rel. John Henry Burts, 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 15, 1978


Judgment unanimously affirmed.

Memorandum:

On this appeal from a dismissal of his writ of habeas corpus without a hearing, relator contends that he was unlawfully tried and convicted, in absentia, of second degree assault and that because of the delay of over one year by the Public Defender in preparing his appeal from the judgment of conviction, habeas corpus was the proper remedy in which to assert the alleged violations of his statutory and constitutional...

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