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PEOPLE EX REL. MOSKOFF v. WEINSTOCK

21 Misc.2d 14 (1945)

The People of the State of New York ex rel. Saul Moskoff, Relator, v. Julius Weinstock, as Clerk of the Court of Special Sessions of the City of New York, County of Queens, et al., Respondents.

Supreme Court, Special Term, Queens County.

April 19, 1945.

Attorney(s) appearing for the Case

Sydney Rosenthal (Ben J. Jacobson of counsel), for relator.

Charles P. Sullivan, District Attorney (Henry W. Schober of counsel), for respondents.

E. IVAN RUBENSTEIN, J.

Relator, who, on behalf of the defendants Mallach and Price sues out this writ of habeas corpus, invokes the legal principle that no one shall twice be put in jeopardy for the same offense. (N. Y. Const., art I, § 6; Penal Law, §§ 33, 1938; Code Crim. Pro., §§ 9, 139.)

Indicted heretofore on a felony charge of abortion (Penal Law, § 80), such defendants stood trial in the County Court of Queens...

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