Appellate Division of the Supreme Court of New York, 1948

People ex rel. Kondrk v. Foster

People ex rel. Kondrk v. Foster
Appellate Division of the Supreme Court of New York · Decided July 8, 1948
274 A.D. 850
People ex rel. Kondrk v. Foster

Opinion of the Court

Order reversed on the law, without costs of this appeal to either party, writ dismissed and relator remanded to the custody of the Warden of Auburn State Prison, Auburn, New York. The writ of habeas corpus is not available to the petitioner in this instance. (People ex rel. Wachowicz v. Martin, 293 N. Y. 361.) All concur. (The order sustains a writ of habeas corpus and directs that relator be discharged from custody.) Present — Taylor, P. J., MeCurn, Larkin, Love and Vaughan, JJ. [190 Misc. 698.]

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