Appellate Division of the Supreme Court of New York, 1946

People ex rel. Maddden v. Foster

People ex rel. Maddden v. Foster
Appellate Division of the Supreme Court of New York · Decided October 3, 1946
271 A.D.2d 809
People ex rel. Maddden v. Foster

Opinion of the Court

Order modified by striking therefrom the second and third ordering paragraphs as being in excess of the jurisdiction of the Special Term, and as modified affirmed, without costs óf this appeal to any party, without prejudice to the right of the relator to address such application to the County Court of Westchester County as he may be advised to obtain relief from the judgment of conviction. All concur. (The order dismisses a writ of habeas corpus and remands relator to the custody of defendant, with directions that he be returned to Westchester County for a hearing.) Present — Taylor, P. J., Harris, McCurn, Larkin and Love, JJ. [See post, p. 862.]

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