From Casetext: Smarter Legal Research

People ex Rel. Wuckich, Wilson v. Major

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 23, 1961
12 A.D.2d 1003 (N.Y. App. Div. 1961)

Opinion

February 23, 1961

Appeal from the Onondaga County Court.

Present — Williams, P.J., Bastow, Goldman, Halpern and McClusky, JJ.


Order reversed, without costs of this appeal to either party and matter remitted to Onondaga County Court for further proceedings in accordance with the memorandum. Memorandum: Upon the papers presented in this habeas corpus proceeding we construe the petition as seeking petitioner's release because of failure of the District Attorney to comply with section 669-a of the Code of Criminal Procedure. Thus limited we conclude that a hearing should have been held to determine whether the petitioner had served a proper notice as required by section 669-a. The court should make detailed findings as to what was done by the petitioner to bring the matter to the attention of the District Attorney.


The prisoner has not established by the record before us that he complied with section 669-a of the Code of Criminal Procedure. I disagree with the court below in holding that habeas corpus is not the proper remedy under this particular section.


Summaries of

People ex Rel. Wuckich, Wilson v. Major

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 23, 1961
12 A.D.2d 1003 (N.Y. App. Div. 1961)
Case details for

People ex Rel. Wuckich, Wilson v. Major

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. STEVE WUCKICH, Alias STEVE…

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

Date published: Feb 23, 1961

Citations

12 A.D.2d 1003 (N.Y. App. Div. 1961)