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PEOPLE EX REL. VALENTI v. SHERIFF OF THE CITY OF NEW YORK

10 A.D.2d 684 (1960)

The People of the State of New York ex rel. Costenze P. Valenti, Appellant, v. Sheriff of the City of New York and/or Warden of the New York County Civil Jail, Respondent

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

March 15, 1960

Order unanimously reversed on the law and the facts and in the exercise of discretion, the writ of habeas corpus is sustained, and the bail exonerated.

Had relator-appellant originally given the answers and explanations now offered, his testimony could not be said to be so false and evasive as to present "not the slightest probability of truthfulness". (Cf. Matter of Commission of Investigation v. Lombardozzi, 9 A.D.2d 95

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