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People ex rel. Marcelin v. Attorney-General

24 A.D.2d 771 Court Third Department, Decision date 1965-10-05 English

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p. 771
Third Department,
October, 1965
(October 5, 1965)
The People of the State of New York ex rel. Harvey Marcelin, Petitioner, v. Attorney-General of the State of New York et al., Respondents.

Application for an order to show cause, which w.e deem to he a petition for writ of habeas corpus pursuant to CPLR 7002 (subd. [b], par. 2) denied as insufficient on its face (People v. Dusablon, 16 N Y 2d 9 ). Appellant’s conviction has been affirmed upon appeal (People v. Marcelin, 23 A D 2d 368 ). If we were to consider the application as one for an order to show cause to commence a proceeding under CPLR, article 78, we would deny it (Matter of Harris v. New York State Bd. of Parole, 7 A D 2d 662 ). Gibspn, P. J., Herlihy, Reynolds, Taylor and Hamm, JJ.. concur.

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