MATTER OF BUTTS v. JUSTICES OF THE COURT OF SPECIAL SESSIONS OF THE TOWN OF GREENBURGH


37 A.D.2d 607 (1971)

In the Matter of Arthur Butts, Respondent, v. Justices of the Court of Special Sessions of the Town of Greenburgh, Appellants

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

June 21, 1971


Judgment reversed, on the law, without costs; petition dismissed; and petitioner directed to be admitted to bail in the amount heretofore fixed.

In our opinion, Special Term erred in giving petitioner habeas corpus relief while he was at liberty on bail. A person released on bail is not restrained to such a degree as to entitle him to the extraordinary writ of habeas corpus (People ex rel. Schlanger v. Phimister, 35 A.D.2d 1003<...

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