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People ex rel. De Vasto v. Dillon

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 1951
278 App. Div. 674 (N.Y. App. Div. 1951)

Opinion

February 26, 1951.


Order dismissing a writ of habeas corpus, affirmed. The dismissal of the second indictment was not accomplished pursuant to section 671 of the Code of Criminal Procedure. That statute is the successor of a nolle prosequi relating to discontinuance of prosecution rather than the indictment as a means of instituting the prosecution. ( Matter of McDonald v. Sobel, 272 App. Div. 455, affd. 297 N.Y. 679; Moulton v. Beecher, 1 Abb. N.C. 193, 203.) Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.


Summaries of

People ex rel. De Vasto v. Dillon

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 1951
278 App. Div. 674 (N.Y. App. Div. 1951)
Case details for

People ex rel. De Vasto v. Dillon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. MICHAEL A. DE VASTO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 26, 1951

Citations

278 App. Div. 674 (N.Y. App. Div. 1951)

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