PEOPLE EX REL. PETERS v. CYRTA


36 A.D.2d 637 (1971)

The People of the State of New York ex rel. Charles Peters, Respondent, v. Charles Cyrta, as Warden of The Suffolk County Jail, Appellant

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

February 18, 1971


Judgment reversed, on the law and in the exercise of discretion, without costs; petition dismissed; and bail reinstated at the amount of $25,000, as fixed in the County Court.

In the circumstances of the instant case, in a collateral proceeding, and where no impairment of constitutional right is involved, the habeas corpus court should not have reviewed the action of the court of original jurisdiction as if it could examine...

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