PEOPLE EX REL. DILAPO v. TUTUSKA


27 Misc.2d 544 (1960)

The People of the State of New York Ex Rel. Daniel Di Lapo, Relator, v. B. John Tutuska, as Sheriff of the County of Erie, Respondent.

Supreme Court, Erie County.

March 24, 1960


Attorney(s) appearing for the Case

Condon & Klocke (John W. Condon, Jr., of counsel), for relator. Carman F. Ball, District Attorney (George R. Blair of counsel), for respondent.


MATTHEW J. JASEN, J.

This is a habeas corpus proceeding in which the petitioner contends that he is unlawfully held in jail and deprived of his liberty by the respondent Sheriff.

The petitioner maintains that his imprisonment is illegal in that the charges of burglary, attempted robbery and carrying and use of dangerous weapon, contained in Indictments Nos. 27,958-A and 27,958-B, would subject him to...

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