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PEOPLE STATE NEW YORK EX REL. JOHNNY BROWN v. HAROLD W. FOLLETTE (03/17/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


March 17, 1969

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

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

In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Dutchess County, dated July 26, 1968, which dismissed the writ. Judgment affirmed, without costs, and with leave to appellant, if so advised, to perfect his pending appeal from the judgment of conviction (People ex rel. Keitt v. McMann, 18 N.Y.2d 257, 262; People ex rel. Garcia v. Warden, 28 A.D.2d 682, mot. for lv. to app. den. 20 N.Y.2d 645).

19690317

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