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PEOPLE EX REL. WATKINS v. LINDSAY

28 A.D.2d 859 (1967)

The People of the State of New York ex rel. Mary Watkins, Appellant, v. Mary K. Lindsay, as Superintendent of the House of Detention for Women, Respondent

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

July 5, 1967

Appeal dismissed, without costs.

Relator having been indicted on May 25, 1967 for the same crime involved in the preliminary hearing, the question of error in said hearing is rendered moot (People ex rel. Hirschberg v. Close, 1 N.Y.2d 258). The error involved would have required a remission of the matter for a further preliminary hearing had the indictment not intervened. Relator had a statutory right to present witnesses...

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