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PEOPLE EX REL. BUTTS v. FAY

14 A.D.2d 787 (1961)

The People of the State of New York ex rel. Richard Butts, Appellant, v. Edward M. Fay, as Warden of Green Haven Prison, et al., Respondents

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

October 9, 1961

Order affirmed, without costs.

After relator had been indicted by the Grand Jury, there was no necessity to take him before a Magistrate pursuant to section 165 of the Code of Criminal Procedure. The failure to do so prior to the indictment did not divest the Grand Jury of jurisdiction to indict (cf. People ex rel. Hirschberg v. Close, 1 N.Y.2d 258). The record discloses that relator is detained by virtue of a final judgment...

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