Majority
p. 1000The People of the State of New York ex rel. Rudolph Francis, 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 January 30, 1969, which dismissed the writ. Judgment affirmed, without costs (People ex rel. Allen v. Follette, 33 A D 2d 1051 ; People ex rel. Baker v. Follette, 33 A D 2d 1052 ; People ex rel. Smith V. Beegan, 32 A D 2d 940 ). Christ, P. J., Rabin and Brennan, JJ., concur; Hopkins and Benjamin, JJ., concur under constraint of People ex rel. Allen v. Follette ( 33 A D 2d 1051 ) and People ex rel. Baker v. Follette ( 33 A D 2d 1052 ), although they adhere to the dissenting views expressed therein.
Cases cited
- People ex rel. Baker v. Follette 33 A D 2d 1052 p. 1000