PEOPLE EX REL. DE GRAN v. McDONNELL


200 Misc. 871 (1951)

The People of the State of New York ex rel. Maurice De Gran, Relator, v. Thomas McDonnell, as Warden of The Penitentiary of the City of New York, Rikers Island, Defendant.

Supreme Court, Special Term, Bronx County.

August 30, 1951.


Attorney(s) appearing for the Case

Morris L. Gussow for relator.

George B. De Luca, District Attorney (John B. Lee of counsel), District Attorneys of Bronx County and of New York County, and as amicus curiæ.

Nathaniel L. Goldstein, Attorney-General (Francis R. Curran, Samuel Stern and Emanuel Strauss of counsel), for defendant.


MATTHEW M. LEVY, J.

The petitioner seeks release from imprisonment in the city workhouse. He sued out a writ of habeas corpus, claiming that he was being illegally detained. The hearing on the petition and writ was held before me.

According to the return filed by the warden of the city penitentiary to the writ, the relator was convicted on his plea of guilty of the misdemeanor of violation of paragraph...

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