Legal Opinion

People ex rel. La Belle v. Harriman

Appellate Division of the Supreme Court of the State of New York

Decided July 8, 1970PublishedCited by 2 opinions

1Opinion of the CourtCooke, J.

This is an appeal from a judgment of the Supreme Court at Special Term, entered June 17, 1969 in Rensselaer County, which dismissed, after a hearing, a writ of habeas corpus.

On December 3, 1963, relator was arrested upon a “ John Doe ’ ’ warrant charging third degree assault. Thereafter he was arraigned and indicted ón the unrelated charges of first degree murder and unlawful possession of a firearm. Following his conviction of first degree murder and after different appeals, his conviction was reversed and, at the time of the hearing in Special Term, he was awaiting retrial upon that charge.…

2Cases cited6 opinions

  1. Klopfer v. North CarolinaSupreme Court of the United States · 1967
  2. Carafas v. LaValleeSupreme Court of the United States · 1968
  3. People v. ProsserNew York Court of Appeals · 1955
  4. United States of America Ex Rel. Louis Von Cseh v. Edward M. Fay, Warden of Greenhaven State Prison, Stormville, New YorkCourt of Appeals for the Second Circuit · 1963
  5. People ex rel. Seiler v. Warden of City PeisonNew York Supreme Court · 1951

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3Cited by2 opinions

  1. United States Ex Rel. Edward Labelle v. Hon. J. Edwin Lavallee, Superintendent, Clinton Correctional FacilityCourt of Appeals for the Second Circuit · 1975
  2. People ex rel. Ardito v. TrujilloNew York Supreme Court · 1981

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