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People ex rel. Rocco v. Follette

33 A.D.2d 915 Court N.Y. App. Div. Decision date 1970-01-12 English

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p. 915
The People of the State of New York ex rel. Angelo Rocco, Jr., Appellant, v. Harold W. Follette, as Warden of Green Haven Prison, Respondent.

In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Dutchess County, dated August 25, 1967, which dismissed the writ after a hearing. Judgment affirmed, without costs. Relator’s contentions in support of the writ were previously considered and rejected in People V. Boceo (N. Y. L. J., Oct. 31, 1966, p. 19, col. 6, affd. 28 A D 2d 649 , mot. for lv. to app. to the Court of Appeals den. iSept. 19, 1967). (Cf. People ex rel. Zindulka v. McMann, 8 A D 2d 646 ; People ex rel. Noworyta v. La Valle, 13 A D 2d 869 ; People v. Fink, 20 A D 2d 935 , affd. 15 N Y 2d 679 , cert. den. 381 U. S. 906 ; see, also, People ex rel. Rocco v. Follette, 29 A D 2d 844 .) Beldoek, P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.

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