SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT
December 1, 1969
THE PEOPLE OF THE STATE OF NEW YORK EX REL. JAMES SMILEY, APPELLANT,
J. EDWIN LA VALLEE, AS WARDEN OF CLINTON PRISON, RESPONDENT
Herlihy, P. J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur in memorandum by the court.
Memorandum by the Court. Appeal from a judgment of the Supreme Court at Special Term, entered April 12, 1969 in Clinton County, which denied, without a hearing, a petition for a writ of habeas corpus.
Judgment affirmed, without costs. (See People ex rel. Dunn v. McMann , 23 A.D.2d 510; People ex rel. Gantz v. Herold , 24 A.D.2d 776, mot. for lv. to app. den. 17 N.Y.2d 420; People ex rel. Hale v. McMann , 28 A.D.2d 1013, mot. for lv. to app. den. 21 N.Y.2d 641.)
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