SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
June 19, 1969
THE PEOPLE OF THE STATE OF NEW YORK EX REL. SANFORD HARRIS, APPELLANT,
VINCENT R. MANCUSI, AS WARDEN OF ATTICA STATE PRISON, RESPONDENT
Appeal from judgment of Wyoming County Court dismissing writ of habeas corpus.
Goldman, P. J., Marsh, Witmer, Moule and Bastow, JJ.
Memorandum: We agree with the conclusions reached by Wyoming County Court in this proceeding. The facts distinguish this case from our holding in People ex rel. Combs v. La Vallee (29 A.D.2d 128). We do not reach or pass upon the effect, if any, that the recent amendment (L. 1968, ch. 203) may have had upon the conclusion reached in Combs (supra).
Judgment unanimously affirmed.
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