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People ex rel. Fein v. Follette

The People of the State of New York ex rel. Mark Fein v. Harold W. Follette, as Warden of Green Haven Prison

People ex rel. Fein v. Follette, 34 A.D.2d 835 (1970)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
May 25, 1970
Citations
34 A.D.2d 835312 N.Y.S.2d 5311970 N.Y. App. Div. LEXIS 4733

Opinion of the Court

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— In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Dutchess County, dated February 16, 1970, which dismissed the writ. Judgment affirmed, without costs. Under an indictment charging murder in the first degree, relator was found guilty of murder in the second degree and was sentenced to a prison term of 30 years to life. Since he was not found guilty of murder in the first degree and was not sentenced to death, the principles of law enunciated in Witherspoon v. Illinois ( 391 U. S. 510 ) and the fact that there was a statute (Judiciary Law, § 597) under which jurors with scruples against the death penalty could he excluded, are of no avail to relator (Witherspoon v. Illinois, supra, n. 21 [pp. 522-523]; Bumper v. North Carolina, 391 U. S. 543, 545 ; People v. Di Piazza, 24 N Y 2d 342, 354; People ex rel. McChesney v. La Vallee, 31 A D 2d 1, 4). We have considered the other points raised by relator and find them to be without merit. Christ, P. J., Rabin, Hopkins, Munder and Brennan, JJ., concur. [ 61 Misc 2d 826 .]

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1978: 11989: 119782026peak 1978 · 1

Relies on it most ⓘ

  1. People v. Bailey146 A.D.2d 788 (1989)
  2. People v. Mullen44 N.Y. 1 (1978)

Most recent

  1. People v. Bailey146 A.D.2d 788 (1989)
  2. People v. Mullen44 N.Y. 1 (1978)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Witherspoon v. Illinois, 391 U.S. 510 (1968) 3,527
Bumper v. North Carolina, 391 U.S. 543 (1968) 2,602
People ex rel. Fein v. Follette, 61 Misc. 2d 826 (N.Y. Sup. Ct. 1970) 4

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