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PEOPLE v. FREUDENBERG

6 A.D.2d 8 (1958)

The People of the State of New York, Appellant, v. Henry Freudenberg, Respondent

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

May 27, 1958.

Attorney(s) appearing for the Case

Walter E. Dillon of counsel (Irving Anolik with him on the brief; Daniel V. Sullivan, District Attorney), for appellant.

Martin S. Freidman of counsel (Richard D. Friedman, attorney), for respondent.

BOTEIN, P. J., BREITEL, RABIN and STEVENS, JJ., concur in Memorandum for the Court; FRANK, J., dissents and votes to reverse and dismiss, in opinion.

MEMORANDUM FOR THE COURT.

Order granting writ of error coram nobis after hearing affirmed. The City Magistrate had jurisdiction to entertain the writ and conduct the hearing. Where neither the defendant nor the prosecuting official demands trial in the three-justice Court of Special Sessions, the City Magistrate has all the "powers and jurisdiction of the court of special sessions". (N. Y. City Crim. Cts. Act, §...

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