People ex rel. Moss v. Brophy

Appellate Division of the Supreme Court of New York

People ex rel. Moss v. Brophy

247 A.D. 859

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

DecidedMarch 15, 1936

StatusPublished

This text of 247 A.D. 859 (People ex rel. Moss v. Brophy) 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. Moss v. Brophy, 247 A.D. 859 (N.Y. Ct. App. 1936).

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Opinion

Order modified by providing that the relator be remanded to the custody of the Superintendent of the Elmira Reformatory and, as modified, affirmed. Memorandum: It does not appear by the return in this case that there has been any legal transfer of this relator from Elmira Reformatory to the Auburn State Prison; therefore, the order is modified by remanding the relator to the custody of the Superintendent of the Elmira Reformatory. If the Commissioner of Correction finds grounds under section 293 of the Correction Law to remove relator from Elmira Reformatory to some other penal institution, he may act under the provisions of the cited section. All concur. (The order dismissed a writ of habeas corpus and remanded relator to the custody of the warden.) Present — Sears, P. J., Taylor, Thompson, Crosby and Lewis, JJ.

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Order modified by providing that the relator be remanded to the custody of the Superintendent of the Elmira Reformatory and, as modified, affirmed. Memorandum: It does not appear by the return in this case that there has been any legal transfer of this relator from Elmira Reformatory to the Auburn State Prison; therefore, the order is modified by remanding the relator to the custody of the Superintendent of the Elmira Reformatory. If the Commissioner of Correction finds grounds under section 293 of the Correction Law to remove relator from Elmira Reformatory to some other penal institution, he may act under the provisions of the cited section. All concur. (The order dismissed a writ of habeas corpus and remanded relator to the custody of the warden.) Present — Sears, P. J., Taylor, Thompson, Crosby and Lewis, JJ.

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Bluebook (online)

247 A.D. 859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-moss-v-brophy-nyappdiv-1936.