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PEOPLE v. WINGATE

34 Misc.2d 483 (1962)

The People of the State of New York, Plaintiff, v. Charles B. Wingate, Defendant.

County Court, Sullivan County.

March 21, 1962

Attorney(s) appearing for the Case

Goldstein & Goldstein (Carl P. Goldstein of counsel), for defendant. Benjamin Newberg, District Attorney (Robert C. Williams of counsel), for plaintiff.

FREDERICK W. V. SCHADT, J.

On September 6, 1958 at about 11:30 P.M. the defendant was arrested in the Village of Monticello, Sullivan County, charged with the offense of public intoxication. He was committed to the village lockup where he spent the night. The following morning he was dicharged. At no time from his arrest until his discharge was he brought before a Magistrate. The arresting officers testified that his condition at the time of his arrest...

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