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PEOPLE EX REL. GOLDMAN v. JACKSON

280 A.D. 125 (1952)

The People of the State of New York ex rel. Otto Goldman, Alias Dan A. Mitchell, Respondent, v. J. Vernel Jackson, as Warden of Clinton Prison, Respondent. The People of the State of New York, Appellant

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

March 20, 1952.

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General, and Herman N. Harcourt of counsel), for appellant.

Harry Gold for petitioner-respondent.

Louis G. Bruhn, District Attorney of Ulster County.

FOSTER, P. J., BREWSTER, BERGAN and COON, JJ., concur in Per Curiam opinion; HEFFERNAN, J., dissents in opinion.

Per Curiam.

The relator was arrested in Ulster County as a fugitive from justice upon a charge of obtaining $1,500 on false pretenses in Connecticut. On this charge he was committed to the Ulster County jail under an order of commitment of the County Judge of that county and while in jail he escaped.

The New York statute (Penal Law, § 1694) provides that such an escape is a felony if the custody "is upon...

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