Appellate Division of the Supreme Court of New York, 1957

People ex rel. Jones v. Fennelly

Appellate Division of the Supreme Court of New York · Decided December 19, 1957 · Bergan, Coon, Gibson, Halpern

5 A.D.2d 720; 168 N.Y.S.2d 1023; 1957 N.Y. App. Div. LEXIS 3517

Opinion of the Court

These eases differ from People ex rel. Jackson V. Fennelly (5 A D 2d 71) decided herewith in opinion Per Curiam because the complaints in these two cases were not sworn to before a magistrate or his clerk; and the factual allegation in each petition for habeas corpus that the complaint was not laid before a magistrate is not traversed or disputed. Orders affirmed.

Bergan, J. P., Coon, Halpern and Gibson, J.J., concur.

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