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PEOPLE EX REL. CIRILLO v. WARDEN

11 N.Y.2d 51 (1962)

The People of the State of New York ex rel. Aurelius Cirillo, Appellant, v. Warden of the City Prison, Brooklyn, New York, Respondent.

Court of Appeals of the State of New York.

Decided February 22, 1962.

Attorney(s) appearing for the Case

David M. Markowitz for appellant.

Edward S. Silver, District Attorney (Aaron E. Koota of counsel), for respondent.

Judges DYE, FULD, VAN VOORHIS, BURKE and FOSTER concur with Chief Judge DESMOND; Judge FROESSEL dissents in a separate opinion.

Chief Judge DESMOND.

After relator was adjudged by County Court, Kings County, to be guilty of criminal contempt and sentenced to imprisonment for 30 days and to pay a fine of $250, he brought this habeas corpus proceeding returnable before Appellate Division, Second Department, which, after a hearing, dismissed the writ and remanded appellant to the City Prison. He appeals here by our leave.

Appellant...

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