Opinion
April 26, 1971
In a habeas corpus proceeding, defendant appeals from a judgment of the Supreme Court, Westchester County, dated October 3, 1970, which dismissed the writ. Judgment reversed, on the law, without costs, and proceeding remitted to the Special Term, for a new hearing and a new determination, in accordance with the views herein set forth. In our opinion, Special Term erred in ruling that the relator was required to clarify the record in New York County in a separate proceeding when all the necessary records and witnesses could have been produced in the instant proceeding. There is no reason why relator should be forced to endure a long delay by requiring that he institute a new proceeding in another county. Martuscello, Acting P.J., Latham, Gulotta, Christ and Benjamin, JJ., concur.