PEOPLE EX REL. MAHON v. WARDEN


1 Misc.2d 267 (1955)

The People of the State of New York ex rel. James J. Mahon, on Behalf of Edward J. Kenny, Relator, v. Warden of the Department of Correction of the City of New York et al., Defendants.

Supreme Court, Special Term, Bronx County.

June 28, 1955.


Attorney(s) appearing for the Case

James J. Mahon, attorney for relator.

Jacob K. Javits, Attorney-General (Vincent A. Marsicano of counsel), for Department of Correction of the State of New York and another, defendants.

Daniel V. Sullivan, District Attorney (Milton Altschuler of counsel), for Warden of the Department of Correction of the City of New York, defendant.


MATTHEW M. LEVY, J.

This is a writ of habeas corpus. The relator contends that Edward J. Kenny (the person in whose behalf the proceeding is brought) is being illegally detained in prison. It is asserted that his maximum sentences have expired and that he is now entitled to his freedom. Testimony was heard, decision was reserved on the issues presented, and briefs were submitted by the respective parties.

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