People ex rel. De Vasto v. Dillon
This text of 278 A.D. 674 (People ex rel. De Vasto v. Dillon) 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.
Opinion
Order dismissing a writ of habeas corpus, affirmed. The dismissal of the second indictment was not accomplished pursuant to section 671 of the Code of Criminal Procedure. That statute is the successor of a nolle prosequi relating to discontinuance of prosecution rather than the indictment as a means of instituting the prosecution. (Matter of McDonald v. Sobel, 272 App. Div. 455, affd. 297 N. Y. 679; Moulton v. Reecher, 1 Abb. N. C. 193, 203.) Carswell, Acting P. J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.
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Cite This Page — Counsel Stack
278 A.D. 674, 102 N.Y.S.2d 818, 1951 N.Y. App. Div. LEXIS 4309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-de-vasto-v-dillon-nyappdiv-1951.