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PEOPLE EX REL. GUIDO v. CALKINS

9 N.Y.2d 77 (1961)

The People of the State of New York ex rel. Frank Guido, Respondent, v. Harold Calkins, as Sheriff of the County of Schenectady, Appellant.

Court of Appeals of the State of New York.

Decided January 19, 1961.

Attorney(s) appearing for the Case

Morris Marshall Cohn, District Attorney, for appellant.

Joseph Harris for respondent.

Chief Judge DESMOND and Judges FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur.

DYE, J.

This appeal comes to us as of right from an order of the Appellate Division, Third Department, which reversed, "on the law alone", the Schenectady County Court's order dismissing a writ of habeas corpus, and sustained the writ.

The relator, Frank Guido, was arraigned in Schenectady Police Court on an information, sworn to by a member of the Schenectady Police Department, charging that he knowingly...

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