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People ex rel. Chubbs v. Deegan

34 A.D.2d 879 Court N.Y. App. Div. Decision date 1970-05-14 English

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p. 879
The People of the State of New York ex rel. Hillard Chubbs, Appellant, v. John T. Deegan, as Warden of Auburn Prison, Respondent.

Judgment unanimously affirmed. Memorandum: In affirming the judgment we would point out that there was full compliance with section 1943 of the Penal Law on the original sentencing of relator as a multiple offender and no objection was raised by relator that a previous conviction was unconstitutionally obtained at that time, at resentencing, or in his petition herein. (Appeal from judgment of Cayuga County Court dismissing writ of habeas corpus.) Present — Goldman, P. J., Marsh, Witmer, Moule and Bastow, JJ.