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PEOPLE EX REL. JACKSON v. FENNELLY

5 A.D.2d 71 (1957)

The People of the State of New York ex rel. Barbara Jackson, Respondent, v. William Fennelly, as Sheriff of The County of Albany, et al., Appellants The People of the State of New York ex rel. Eileen Parsons, Respondent, v. Rensselaer Taylor, as Warden of Albany County Jail, Appellant The People of the State of New York ex rel. Doris Robinson, Respondent, v. William Fennelly, as Sheriff of The County of Albany, et al., Appellants The People of the State of New York ex rel. Lillian Watson, Respondent, v. William Fennelly, as Sheriff of The County of Albany, et al., Appellants

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

December 19, 1957.

Attorney(s) appearing for the Case

George N. Meyl, District Attorney (Philip G. Coffey of counsel), for appellants.

Morris Zuckman for respondents.

BERGAN, J. P., COON and GIBSON, JJ., concur; HALPERN, J., concurs in the ground last stated in the opinion Per Curiam.

Per Curiam.

In each of these cases the relator has been discharged by an order of the Supreme Court (made by several different Justices in individual cases), upon the return of a writ of habeas corpus, on the ground that the complaint charging each relator with vagrancy under subdivision 1 of section 887 of the Code of Criminal Procedure, was insufficient. The People appeal from each order. Counsel have agreed that...

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