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People ex Rel. Bruno v. Maudlin

Supreme Court, Westchester Special Term
Nov 15, 1924
123 Misc. 906 (N.Y. Misc. 1924)

Opinion

November 15, 1924.

Maurice A. Zuckert, for the relator.

Arthur Rowland, district attorney, for the respondent.


The authority holding unconstitutional section 618b of the Code of Criminal Procedure ( People ex rel. Maloney v. Sheriff, 117 Misc. 421) is in effect overruled by the determination of the Appellate Division, first department, in a case in which no opinion was handed down. See cases and points in People ex rel. Farina v. Wallis, 208 A.D. 720. Therefore, the statute in question is constitutional. The warrant of commitment is, therefore, valid on its face. The stenographer's minutes of the hearing before the learned county judge show facts before him warranting his determination resulting in the commitment.

Writ of habeas corpus is dismissed and said Rose Bruno is remanded to the custody of the sheriff.


Summaries of

People ex Rel. Bruno v. Maudlin

Supreme Court, Westchester Special Term
Nov 15, 1924
123 Misc. 906 (N.Y. Misc. 1924)
Case details for

People ex Rel. Bruno v. Maudlin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. ROSE BRUNO, Relator, v …

Court:Supreme Court, Westchester Special Term

Date published: Nov 15, 1924

Citations

123 Misc. 906 (N.Y. Misc. 1924)
206 N.Y.S. 523

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