PEOPLE EX REL. MORRIS v. SKINNER


67 Misc.2d 221 (1971)

The People of the State of New York ex rel. Ronald Elmer Morris, Petitioner, v. Albert Skinner, as Monroe County Sheriff, Respondent.

Supreme Court, Monroe County.

August 9, 1971


Attorney(s) appearing for the Case

James L. Kemp for petitioner. Jack B. Lazarus, District Attorney (Lloyd H. Butterfield of counsel), for respondent.


JAMES H. BOOMER, J.

The petitioner was arrested on a warrant based upon an information charging him with the crime of falsely reporting an incident in violation of section 240.50 of the Penal Law. Awaiting trial, he brings this habeas corpus proceeding seeking his release on the ground that the information fails to state any crime. The respondent contends that the writ of habeas corpus may not be used to test the sufficiency of an indictment and, in any...

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