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People ex rel. Lawrence v. La Vallee

27 A.D.2d 797 Court N.Y. App. Div. Decision date 1967-02-23 English

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p. 797
The People of the State of New York ex rel. Arthur Lawrence, Appellant, v. J. Edwin La Vallee, as Warden of Auburn Prison, Respondent.

Order unanimously affirmed. Memorandum: If perchance appellant has any proof that he was under 16 years of age at the time of his conviction, the facts should be averred in a new petition. (People v. Smyth, 3 N Y 2d 184 .) (Appeal from order of Cayuga Special Term, denying, without a hearing, application for a writ of habeas corpus.) Present —- Williams, P. J., Bastow, Henry, Del Vecchio and Marsh, JJ.

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