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PEOPLE STATE NEW YORK EX REL. WILLIE RICHARDSON v. HAROLD W. FOLLETTE (02/03/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


February 3, 1969

THE PEOPLE OF THE STATE OF NEW YORK EX REL. WILLIE RICHARDSON, APPELLANT,
v.
HAROLD W. FOLLETTE, AS WARDEN OF GREEN HAVEN PRISON, RESPONDENT

In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Dutchess County, dated March 25, 1968, which dismissed the writ.

Christ, Acting P. J., Brennan, Benjamin, Munder and Martuscello, JJ., concur.

The basis of relator's claim was his assertion that at the trial which resulted in his conviction and incarceration the People violated his fundamental constitutional rights by the introduction of testimony concerning his prior convictions. On this habeas corpus proceeding the Special Term which did not have the minutes of the criminal case trial before it, held that, in view of the fact that full appellate review of the conviction had been had (see People v. Richardson, 23 A.D.2d 536, affd. 16 N.Y.2d 897, cert. den. 384 U.S. 1020), it should not disturb the conviction. Our examination of the trial minutes failed to reveal any basis for relator's claim. Accordingly, the dismissal of the writ was proper (People ex rel. Keitt v. McMann, 18 N.Y.2d 257).

Disposition

Judgment affirmed, without costs.

19690203

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