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People ex rel. Lewis v. McMann

29 A.D.2d 729 Court N.Y. App. Div. Decision date 1968-01-26 English

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p. 729
(January 26, 1968)
The People of the State of New York ex rel. Alfred Lewis, Appellant, v. Daniel McMann, as Warden of Clinton Prison, Respondent.

(1) Appeal from a judgment of the Supreme Court at Special Term in Clinton County which dismissed a writ of habeas corpus, after a hearing. Judgment affirmed, without costs. No opinion. (2) Application for a writ of habeas corpus attempted to be made by means of a paragraph in appellant’s brief on this appeal, in pertinent part stating: “ This is also a de nova application for the writ to the original jurisdiction of the appellate division under 7002-B-2, C.P.L.R. based upon the same facts advanced in the Court below.” Application denied. No opinion. Gibson, P. J, Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur.