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People ex Rel. Sweeney v. Fallon

Appellate Division of the Supreme Court of New York, First Department
Apr 1, 1913
156 App. Div. 895 (N.Y. App. Div. 1913)

Opinion

April, 1913.

Present — Ingraham, P.J., McLaughlin, Laughlin and Scott, JJ.


The court does not care to hear the district attorney, as the court has no doubt as to the absolute discretion of the trial court to order the prisoners into custody at any time after their appearance for trial; that both sections 422 and 553 of the Code of Criminal Procedure should be read together; that they are not inconsistent, and they do not give a person indicted for a misdemeanor an absolute right to remain at large on bail after his trial has commenced. The writ will, therefore, be dismissed.


Summaries of

People ex Rel. Sweeney v. Fallon

Appellate Division of the Supreme Court of New York, First Department
Apr 1, 1913
156 App. Div. 895 (N.Y. App. Div. 1913)
Case details for

People ex Rel. Sweeney v. Fallon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. DENNIS SWEENEY, Relator, v …

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

Date published: Apr 1, 1913

Citations

156 App. Div. 895 (N.Y. App. Div. 1913)

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People ex Rel. Walker v. Koson

(Emphasis supplied.) The discretion above mentioned is absolute and may not be interfered with by this court…