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PEOPLE EX REL. VAN DER BEEK v. McCLOSKEY

18 A.D.2d 205 (1963)

The People of the State of New York ex rel. Rene Van Der Beek, Also Known as Marinhus Van Der Beek, Appellant, v. John J. McCloskey, as Sheriff of The City of New York, et al., Respondents

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

March 26, 1963.

Attorney(s) appearing for the Case

Hyman Bravin of counsel (Joseph A. Mazur, attorney), for appellant.

Ernest H. Hammer of counsel (Frank S. Hogan, District Attorney), for respondents.

BREITEL, J. P., RABIN, McNALLY and EAGER, JJ., concur.

VALENTE, J.

The relator appeals from an order dismissing a writ of habeas corpus seeking his release from a commitment as a material witness (Code Crim. Pro., § 618-b). The order fixed bail at $30,000.

Section 618-b of the Code of Criminal Procedure, insofar as pertinent herein, provides that "Whenever a judge * * * is satisfied, by proof on oath, that a person * * * is a necessary and material witness...

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