PEOPLE EX REL. PIERCE v. THOMAS


70 Misc.2d 629 (1972)

The People of the State of New York ex rel. Milton Pierce, Relator, v. James A. Thomas, as Warden of the Penitentiary of the City of New York, Rikers Island, Respondent.

Supreme Court, Special Term, Bronx County.

June 19, 1972


Attorney(s) appearing for the Case

Robert Kasanof and Sidney Ginsberg for relator. Burton B. Roberts, District Attorney (Steven J. Phillips and Robert Cohen of counsel), for respondent.


ABRAHAM J. GELLINOFF, J.

This is a habeas corpus proceeding. Relator was held for the Grand Jury following a preliminary hearing, but asserts that the hearing was so inadequate as to constitute no hearing at all, in violation of subdivision 2 of CPL 180.10 and CPL 180.80. He bases his contention upon the Criminal Court Judge's curtailing of relator's examination of the complaining witness — particularly as to the circumstances of the witness' station...

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