People ex rel. Brown v. Brophy

Appellate Division of the Supreme Court of New York

People ex rel. Brown v. Brophy

261 A.D. 876, 26 N.Y.S.2d 862, 1941 N.Y. App. Div. LEXIS 7859

Appellate Division of the Supreme Court of the State of New York·Decided January 8, 1941·Published

Opinion

Order reversed on the law and facts and matter remitted to the Special Term of the Supreme Court, Cayuga county, to take proof as to whether [877]*877the conviction in Onondaga county was for a felony or a misdemeanor. The criminal record of the Division of Criminal Identification is not certified as required by section 482-b of the Code of Criminal Procedure. All concur. (The order dismisses a writ of habeas corpus and remands relator into custody.) Present — Cunningham, Taylor, Dowling, Harris and MeCurn, JJ.

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Order reversed on the law and facts and matter remitted to the Special Term of the Supreme Court, Cayuga county, to take proof as to whether [877]*877the conviction in Onondaga county was for a felony or a misdemeanor. The criminal record of the Division of Criminal Identification is not certified as required by section 482-b of the Code of Criminal Procedure. All concur. (The order dismisses a writ of habeas corpus and remands relator into custody.) Present — Cunningham, Taylor, Dowling, Harris and MeCurn, JJ.

People ex rel. Brown v. Brophy, 261 A.D. 876, 26 N.Y.S.2d 862, 1941 N.Y. App. Div. LEXIS 7859 (N.Y. Ct. App. 1941).

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