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People ex Rel. Burkardt v. Elsaesser

Appellate Division of the Supreme Court of New York, Fourth Department
May 1, 1935
244 App. Div. 891 (N.Y. App. Div. 1935)

Opinion

May, 1935.

Present — Sears, P.J., Taylor, Edgcomb, Crosby and Lewis, JJ.


Order affirmed, without costs. Memorandum: The record shows no jurisdictional defect in the commitment inasmuch as the relator was present in person before the court and pleaded guilty and thus waived any irregularity antecedent thereto. ( City of Buffalo v. Neubeck, 209 App. Div. 386; Matter of Blum, 9 Misc. 571; People v. Park, 92 id. 369; People ex rel. Wojek v. Henderson, 134 id. 228.) There can be no question of the court's jurisdiction of the subject-matter. All concur. (The order dismisses a writ of habeas corpus.)


Summaries of

People ex Rel. Burkardt v. Elsaesser

Appellate Division of the Supreme Court of New York, Fourth Department
May 1, 1935
244 App. Div. 891 (N.Y. App. Div. 1935)
Case details for

People ex Rel. Burkardt v. Elsaesser

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. ELMER J. BURKARDT, Appellant…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 1, 1935

Citations

244 App. Div. 891 (N.Y. App. Div. 1935)

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