PEOPLE EX REL. JELKE v. DENNO


208 Misc. 956 (1955)

The People of the State of New York ex rel. Minot F. Jelke, Relator, v. Wilfred Denno, as Warden of Sing Sing Prison, Defendant.

Supreme Court, Special Term, Westchester County.

July 14, 1955.


Attorney(s) appearing for the Case

Daniel J. Riesner and Julian Jawitz for relator.

Jacob K. Javits, Attorney-General (Harold Borgwald of counsel), for defendant.

Frank S. Hogan, New York County District Attorney (Richard G. Denzer and Charles W. Manning of counsel).

Joseph F. Gagliardi, Westchester County District Attorney (Morton Edmiston of counsel).


DOSCHER, J.

The relator, after conviction, was granted a writ of habeas corpus upon a petition challenging the judgment as completely void on the ground that the acts of which he was convicted do not constitute crimes under the Penal Law of the State of New York.

For the sake of future reference, the counts of which relator stands convicted are the first count — hereafter called the Ward count...

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