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PEOPLE EX REL. COLLINS v. BRAUN

57 N.Y.2d 714 (1982)

The People of the State of New York ex rel. Robert Collins, Also Known as Willie J. Jones, Appellant, v. Kenneth J. Braun, as Sheriff of Erie County, Respondent.

Court of Appeals of the State of New York.

Decided September 8, 1982.

Attorney(s) appearing for the Case

Rose H. Sconiers and Charles D. Halvorsen for appellant.

Richard J. Arcara, District Attorney (Kurt T. Sajda of counsel), for respondent.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge GABRIELLI.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed, without costs, and matter remitted to Supreme Court, Erie County, for a hearing on the petition. Taken at face value, relator's papers were sufficient to entitle him to have the court "hear the evidence" on whether, as he in effect claims, he is not the escapee named in the South Carolina warrant (see CPLR 7009, subd [c]; People ex rel. Degina...

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