PEOPLE v. BIRNBAUM


21 Misc.2d 47 (1959)

The People of the State of New York, Plaintiff, v. Harry Birnbaum, Defendant.

City Court of the City of Long Beach, Nassau County.

December 30, 1959.


Attorney(s) appearing for the Case

Manuel W. Levine, District Attorney (John S. Lockman of counsel), for plaintiff.

Kevie Frankel and Charles J. Fine for Viola Birnbaum, complainant.

Irving J. Schultz for defendant appearing specially.


ABRAHAM SCHLISSEL, J.

Defendant appearing specially for that purpose only, moves to vacate a warrant issued out of this court on complaint of his wife and charging him with abandonment of said wife and their children.

The sole basis of defendant's application is his alleged immunity from criminal prosecution because he was, when the warrant was issued and executed, a bona fide resident of New Jersey voluntarily present in this State for the purpose...

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