PEOPLE EX REL. KAMINSKY v. SILBERGLITT


30 Misc.2d 813 (1961)

The People of the State of New York ex rel. Herbert Kaminsky, Relator, v. Harry Silberglitt, as Warden of the Manhattan House of Detention, et al., Respondents.

Supreme Court, Special Term, New York County.

November 1, 1961


Attorney(s) appearing for the Case

Arnold E. Wallach for relator. Louis J. Lefkowitz, Attorney-General, for respondents.


HENRY CLAY GREENBERG, J.

The respondents seek reargument of the decision of this court sustaining a writ of habeas corpus and discharging the relator. The latter had been sentenced for a misdemeanor committed while he was on parole for a prior felony sentence. The doctrine that a presumption of concurrence was applicable in the circumstance of these two unrelated crimes was rejected in a decision of the Court...

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