PEOPLE EX REL. SMILEY v. LA VALLEE


16 A.D.2d 710 (1962)

The People of the State of New York ex rel. James Smiley, Appellant, v. J. Edwin La Vallee, as Warden of Clinton Prison, Respondent

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

April 13, 1962


The relator-appellant contends that the original proceedings in the Magistrates' Court were improperly adjourned and that the complainant was not sworn as a witness when testifying. The purpose of the adjournment was to afford the appellant an opportunity to procure counsel. He argues that the adjournment for two weeks, when he asked for one week, caused the Magistrates' Court to lose jurisdiction. Subsequently the Grand Jury returned an indictment against the appellant for...

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