Appellate Division of the Supreme Court of New York, 1960

People ex rel. Tomkalski v. Wilkins

People ex rel. Tomkalski v. Wilkins
Appellate Division of the Supreme Court of New York · Decided May 5, 1960
11 A.D.2d 628; 200 N.Y.S.2d 477; 1960 N.Y. App. Div. LEXIS 10265
People ex rel. Tomkalski v. Wilkins

Opinion of the Court

Motion to prosecute appeal as a poor person, and for other relief, denied on the ground that the papers fail to show merit to the appeal. Memorandum: We have examined *629the entire record that was before the Wyoming County Court. The appellant was afforded a hearing but refused to offer any testimony except two certain exhibits that had no probative force. The apparent issues raised by the petition were previously passed upon by the same court of original jurisdiction and its determination dismissing the writ of habeas corpus was affirmed by this court. (8 AD 2d 930.)

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