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THE PEOPLE OF THE STATE OF NEW YORK ex rel. JERO KITT, Appellant, v. THOMAS H. RAMSDEN, as Warden of Nassau County Jail, Respondent.

In a habeas corpus proceeding, relator appeals from a decision of the Supreme Court, Nassau County, rendered October 23, 1964, which denied the writ. No judgment was made in the proceeding. Appeal dismissed, without costs; no appeal lies from a decision. We have nevertheless examined the merits and have concluded that we would affirm if the appeal were not being dismissed. Ughetta, Acting P.J., Christ, Brennan, Rabin and Hopkins, JJ., concur.

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PEOPLE EX REL. KITT v. RAMSDEN
(May 24, 1965)