People ex rel. Bennett v. Malcolm

Appellate Division of the Supreme Court of New York

People ex rel. Bennett v. Malcolm

41 A.D.2d 565, 340 N.Y.S.2d 384, 1973 N.Y. App. Div. LEXIS 8308

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 24, 1973

StatusPublished

This text of 41 A.D.2d 565 (People ex rel. Bennett v. Malcolm) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Bennett v. Malcolm, 41 A.D.2d 565, 340 N.Y.S.2d 384, 1973 N.Y. App. Div. LEXIS 8308 (N.Y. Ct. App. 1973).

Pincite

Opinion

On the return of the writ of habeas corpus herein, with production of relators waived, (1) the writ is dismissed as to relators Arthur Bennett, Bernard Holston, Homer Mathis, Walter Jennings, Irving Pegues, Ferdinando Lopez, Fernando Rodriguez and Buster Sanders, without costs and without prejudice to such application they may be advised to make to dismiss the indictments against them for failure to prosecute under the principles laid down in People v. Ganei (27 N Y 2d 418, cert. den. 402 U. S. 924); and (2) the writ is dismissed as to relators James Molina and Felix Rodriguez, without costs (see People ex rel. Franklin v. Warden, 41 A D 2d 531). Rabin, P. J., Hopkins, Munder, Martuscello and Latham, JJ., concur.

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On the return of the writ of habeas corpus herein, with production of relators waived, (1) the writ is dismissed as to relators Arthur Bennett, Bernard Holston, Homer Mathis, Walter Jennings, Irving Pegues, Ferdinando Lopez, Fernando Rodriguez and Buster Sanders, without costs and without prejudice to such application they may be advised to make to dismiss the indictments against them for failure to prosecute under the principles laid down in People v. Ganei (27 N Y 2d 418, cert. den. 402 U. S. 924); and (2) the writ is dismissed as to relators James Molina and Felix Rodriguez, without costs (see People ex rel. Franklin v. Warden, 41 A D 2d 531). Rabin, P. J., Hopkins, Munder, Martuscello and Latham, JJ., concur.

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Bluebook (online)

41 A.D.2d 565, 340 N.Y.S.2d 384, 1973 N.Y. App. Div. LEXIS 8308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-bennett-v-malcolm-nyappdiv-1973.