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PEOPLE EX REL. RICHARDS v. WARDEN OF CITY PRISON

277 A.D. 87 (1950)

The People of the State of New York ex rel. Harold Richards, Appellant, v. Warden of the City Prison, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 13, 1950.

Attorney(s) appearing for the Case

Fred D. Kaplan (Jacob W. Friedman with him on the brief), for appellant.

Whitman Knapp of counsel (Peyton H. Moss with him on the brief; Frank S. Hogan, District Attorney), for respondent.

PECK, P. J., DORE and CALLAHAN, JJ. concur; VAN VOORHIS, J. dissents in part and votes to remit the matter to the Court of General Sessions to determine the amount of the undertaking in a sum not to exceed $50,000.

COHN, J.

It appears that in a proceeding pending in the Court of General Sessions, relator, Harold Richards, was on May 3, 1950, apprehended as a material witness. By order of a judge of the Court of General Sessions, he was directed pursuant to section 618-b of the Code of Criminal Procedure to enter into a written undertaking in the sum of $100,000 to secure his appearance as a material witness in that proceeding...

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