People ex rel. Anderson v. Warden of New York City Correctional Institution for Men

These three cases present the common procedural issue of whether each relator’s writ should he dismissed on the ground that a more appropriate remedy would be a motion to vacate judgment or set aside sentence under article 440 of the Criminal Procedure Law.

The factual situations in the three cases are as follows:

1. Jerome Anderson: Relator claims that his indefinite penitentiary sentence under section 203 of former article 7-A of the Correction Law, imposed on November 11, 1966, in Criminal Court, Kings County, was unlawful in that he was denied equal protection of the law because he received…