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PEOPLE EX REL. HOFSAES v. WARDEN OF CITY PRISON

302 N.Y. 403 (1951)

The People of the State of New York ex rel. Frederick A. Hofsaes, Respondent, v. Warden of the City Prison, Defendant. The People of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided April 12, 1951

Attorney(s) appearing for the Case

Miles F. McDonald, District Attorney (Aaron E. Koota, Julius Helfand and Joseph P. Hoey of counsel), for appellant.

William W. Kleinman and Mortimer Sattler for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, FULD and FROESSEL, JJ., concur.

DYE, J.

The People appeal from an order of the Appellate Division, Second Department, sustaining a petition for a writ of habeas corpus and discharging the relator, Frederick A. Hofsaes, from custody. The writ had been sued out of the Appellate Division in the first instance to test relator's conviction and sentence by the Kings County Court (LEIBOWITZ, J.), for criminal contempt in refusing to answer a question...

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