Appellate Division of the Supreme Court of New York, 1941

People ex rel. Brown v. Brophy

People ex rel. Brown v. Brophy
Appellate Division of the Supreme Court of New York · Decided January 8, 1941
261 A.D. 876; 26 N.Y.S.2d 862; 1941 N.Y. App. Div. LEXIS 7859
People ex rel. Brown v. Brophy

Opinion of the Court

Order reversed on the law and facts and matter remitted to the Special Term of the Supreme Court, Cayuga county, to take proof as to whether *877the conviction in Onondaga county was for a felony or a misdemeanor. The criminal record of the Division of Criminal Identification is not certified as required by section 482-b of the Code of Criminal Procedure. All concur. (The order dismisses a writ of habeas corpus and remands relator into custody.) Present — Cunningham, Taylor, Dowling, Harris and MeCurn, JJ.

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