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PEOPLE STATE NEW YORK EX REL. SANFORD HARRIS v. VINCENT R. MANCUSI (06/19/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT 1969.NY.42099 <http://www.versuslaw.com>; 302 N.Y.S.2d 1013; 32 A.D.2d 873 June 19, 1969 THE PEOPLE OF THE STATE OF NEW YORK EX REL. SANFORD HARRIS, APPELLANT,v.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.


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).

Disposition

 Judgment unanimously affirmed.

19690619

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