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PEOPLE EX REL. BESSER v. RUTHAZER

3 A.D.2d 137 (1957)

The People of the State of New York ex rel. Philip Besser, Respondent, v. Herman J. Ruthazer, as Warden of The City Prison of the City of New York, County of New York, Appellant

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

January 22, 1957.

Attorney(s) appearing for the Case

Richard G. Denzer of counsel (Frank S. Hogan, District Attorney), for appellant.

Julius Impellizzeri of counsel (Luttinger & Passannante, attorneys), for respondent.

PECK, P. J., BREITEL, BOTEIN and BERGAN, JJ., concur.

Per Curiam.

Respondent warden, represented by the District Attorney of New York County, appeals from the granting of a writ of habeas corpus, the discharge of relator, the exoneration of his bail, and the dismissal of the indictment pending against him in the Court of General Sessions.

The writ was granted on the ground that the indictment had resulted from a submission to a second Grand Jury, without showing...

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