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Appellate Division of the Supreme Court of New York, 1985

People ex rel. Weathersby v. Smith

People ex rel. Weathersby v. Smith
Appellate Division of the Supreme Court of New York · Decided November 15, 1985
115 A.D.2d 315; 496 N.Y.S.2d 719; 1985 N.Y. App. Div. LEXIS 54588
People ex rel. Weathersby v. Smith

Opinion of the Court

Judg*316ment unanimously affirmed. Memorandum: The hearing officer properly complied with 7 NYCRR 254.5 (b) in determining that petitioner’s witnesses should testify out of his presence (see, People ex rel. Bradley v Smith, 115 AD2d 225). Special Term properly found no violation of 7 NYCRR 254.7 (c). (Appeal from judgment of Supreme Court, Wyoming County, Flynn, J. —habeas corpus.) Present—Hancock, Jr., J. P., Callahan, Doerr, Pine and Schnepp, JJ.

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