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People ex Rel. Bernoff v. Kirby

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 1942
265 App. Div. 961 (N.Y. App. Div. 1942)

Opinion

December 22, 1942.


Appeal from an order dismissing a writ of habeas corpus and remanding the petitioner. Order affirmed. Petitioner, as a matter of law, was not entitled to be admitted to bail under sections 555 and 552, Code of Criminal Procedure. Moreover, the inquiry under the writ is limited to the question of jurisdiction of the court issuing the process under which the petitioner is detained, and whether or not such process is regular on its face. There is no claim of defect in these particulars, and for this additional reason the writ was properly dismissed. Lazansky, P.J., Carswell, Johnston, Adel and Taylor, JJ., concur.


Summaries of

People ex Rel. Bernoff v. Kirby

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 1942
265 App. Div. 961 (N.Y. App. Div. 1942)
Case details for

People ex Rel. Bernoff v. Kirby

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. JACOB BERNOFF, Appellant…

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

Date published: Dec 22, 1942

Citations

265 App. Div. 961 (N.Y. App. Div. 1942)

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