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PEOPLE EX REL. MODICA v. HOY

51 Misc.2d 579 (1966)

The People of the State of New York ex rel. Alfred J. Modica et al., Relators, v. John Hoy, as Sheriff of the County of Westchester, Respondent.

Supreme Court, Westchester County.

September 7, 1966

Attorney(s) appearing for the Case

Gabriel I. Levy for relators. Leonard Rubenfeld, District Attorney, for respondent.

CLARE J. HOYT, J.

On the return of this writ of habeas corpus the court was informed that the relators were not in physical custody but rather that they were at large having posted a bail bond. The court requested counsel for the relators to supply it with some authority for entertaining a writ when the relators are not "illegally imprisoned or otherwise restrained in [their] liberty" (CPLR 7002, subd. [a]). By letter to the court, counsel for the relators...

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