From Casetext: Smarter Legal Research

People ex Rel. Benacquista v. Blanchard

Appellate Division of the Supreme Court of New York, Third Department
May 10, 1944
267 App. Div. 1018 (N.Y. App. Div. 1944)

Opinion

May 10, 1944.


Decision handed down May 3, 1944 [ ante, p. 663], amended to read as follows: Order dismissing writ of habeas corpus reversed on the law and facts, with twenty-five dollars costs and disbursements and writ sustained and petitioner ordered discharged, with twenty-five dollars costs against the County of Schenectady. Opinion by Bliss, J. Heffernan and Schenck, JJ., concur; Hill, P.J., concurs as to the reversal of the order dismissing the writ and votes that the defendant be returned to the custody of the Schenectady County Sheriff for such action, if any, as the County Court of Schenectady County deems proper; Brewster, J., taking no part.


Summaries of

People ex Rel. Benacquista v. Blanchard

Appellate Division of the Supreme Court of New York, Third Department
May 10, 1944
267 App. Div. 1018 (N.Y. App. Div. 1944)
Case details for

People ex Rel. Benacquista v. Blanchard

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. RALPH BENACQUISTA, Appellant…

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

Date published: May 10, 1944

Citations

267 App. Div. 1018 (N.Y. App. Div. 1944)

Citing Cases

People v. KD

Historically, this sentencing structure has never been interpreted to allow the Probation Department to set…

People ex Rel. Benacquista v. Blanchard

HEFFERNAN and SCHENCK, JJ., concur; HILL, P.J., concurs as to the reversal of the order dismissing the writ…