BUTTS v. JUSTICES, CT. SPEC. SESS.


65 Misc.2d 536 (1970)

In the Matter of Arthur Butts, Petitioner, v. Justices of the Court of Special Sessions for the Town of Greenburgh, Respondents.

Supreme Court, Westchester County.

December 29, 1970


Attorney(s) appearing for the Case

J. Radley Herold and Robert W. Stieve for petitioner. Carl A. Vergari, District Attorney (Janet Cunard of counsel), for respondents.


JOHN C. MARBACH, J.

The petitioner has been held for action of the Grand Jury after a hearing before a local Magistrate on a charge of attempted robbery. This court will treat his application as one for a writ of habeas corpus.

At the hearing, the only witness was the purported victim. The information was signed by a police officer who was not a witness. The defendant properly moved for dismissal, but...

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