PEOPLE EX REL. ORR v. OSLYN


71 Misc.2d 273 (1972)

The People of the State of New York ex rel. Oscar Orr, Relator, v. Moe Oslyn, as Warden of Rikers Island, Respondent.

Supreme Court, Criminal Term, Kings County.

September 25, 1972


Attorney(s) appearing for the Case

Robert Kasanof and Paul Madden for relator. Eugene Gold, District Attorney (Eugene Schwartzwald of counsel), for respondent.


LOUIS B. HELLER, J.

The relator, who was convicted after trial (on July 18, 1972), of the crimes of assault in the third degree, criminal mischief, and resisting arrest, all misdemeanors, has been incarcerated since the day he was arrested, i.e., October 23, 1971.

In his petition for a writ of habeas corpus he contends that he is now being illegally detained since under the provisions of section 70.25...

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