PEO EX REL. SERRA v. WARDEN


90 Misc.2d 654 (1977)

The People of the State of New York ex rel. Wesley M. Serra, on Behalf of Michael Clarke, Petitioner, v. Warden, Rikers Island Men's House of Detention, Respondent.

Supreme Court, Trial Term, Bronx County.

June 9, 1977


Attorney(s) appearing for the Case

William Gallagher and Wesley M. Serra for petitioner. Mario Merola, District Attorney (James Ferretic of counsel), for respondent.


HOWARD E. GOLDFLUSS, J.

This is a case of first impression. It involves prosecution under a statute which has rarely if ever been utilized. There are no reported cases referring to its application.

The matter comes before this court by writ of habeas corpus. The petitioner contends that his detention is unlawful by reason of the fact that the statute which is the basis for his detention is unconstitutional...

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