People ex rel. Davidson v. Murphy

Appellate Division of the Supreme Court of New York

People ex rel. Davidson v. Murphy

8 A.D.2d 691, 185 N.Y.S.2d 579, 1959 N.Y. App. Div. LEXIS 8870

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

DecidedApril 29, 1959

StatusPublished

This text of 8 A.D.2d 691 (People ex rel. Davidson v. Murphy) 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. Davidson v. Murphy, 8 A.D.2d 691, 185 N.Y.S.2d 579, 1959 N.Y. App. Div. LEXIS 8870 (N.Y. Ct. App. 1959).

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Opinion

Order reversed on the law, without costs of this appeal to either party, writ dismissed, and relator remanded to the custody of the Warden of Auburn State Prison. Memorandum: Upon the facts presented by this record, it.appears that the remedy of habeas corpus is not available to the relator. The court had jurisdiction of the person and the subject matter, and the sentence imposed was within the permissible limits (People ex rel. Kern v. Silberglitt, 4 N Y 2d 59; Matter of Hogan v. New York Supreme Court, 295 N. Y. 92; People ex rel. Meers v. Martin, 4 A D 2d 659, affd. 4 N Y 2d 898). All concur. (Appeal from an order of Cayuga County Court sustaining the writ of habeas corpus [692]*692and directing that relator be returned to the City of New York for imposition of the proper sentence by the County Court of Kings County.) Present — Kimball, J. P., Williams, Bastow, Goldman and Halpem, JJ.

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Order reversed on the law, without costs of this appeal to either party, writ dismissed, and relator remanded to the custody of the Warden of Auburn State Prison. Memorandum: Upon the facts presented by this record, it.appears that the remedy of habeas corpus is not available to the relator. The court had jurisdiction of the person and the subject matter, and the sentence imposed was within the permissible limits (People ex rel. Kern v. Silberglitt, 4 N Y 2d 59; Matter of Hogan v. New York Supreme Court, 295 N. Y. 92; People ex rel. Meers v. Martin, 4 A D 2d 659, affd. 4 N Y 2d 898). All concur. (Appeal from an order of Cayuga County Court sustaining the writ of habeas corpus [692]*692and directing that relator be returned to the City of New York for imposition of the proper sentence by the County Court of Kings County.) Present — Kimball, J. P., Williams, Bastow, Goldman and Halpem, JJ.

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Bluebook (online)

8 A.D.2d 691, 185 N.Y.S.2d 579, 1959 N.Y. App. Div. LEXIS 8870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-davidson-v-murphy-nyappdiv-1959.

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