PEOPLE EX REL. TORRE v. WARDEN, HOUSE OF DET. FOR MEN, DEP'T OF CORR.


35 A.D.2d 530 (1970)

The People of the State of New York ex rel. Fred A. Torre, Appellant, v. Warden, House of Detention for Men, Department of Correction, Respondent

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

July 2, 1970


Judgment reversed, on the law, without costs, and proceeding remitted to the Supreme Court, Richmond County, for the purpose of holding a further hearing and making a determination de novo on the basis of the proof adduced upon such further hearing.

The questions of fact have not been considered. In our opinion a further hearing is required to resolve the factual issue of whether relator was present in the demanding...

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