People ex rel. West v. Zelker

Appellate Division of the Supreme Court of New York

People ex rel. West v. Zelker

40 A.D.2d 710, 336 N.Y.S.2d 444, 1972 N.Y. App. Div. LEXIS 3689

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

DecidedOctober 24, 1972

StatusPublished

This text of 40 A.D.2d 710 (People ex rel. West v. Zelker) 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. West v. Zelker, 40 A.D.2d 710, 336 N.Y.S.2d 444, 1972 N.Y. App. Div. LEXIS 3689 (N.Y. Ct. App. 1972).

Pincite

Opinion

In a habeas corpus proceeding, defendant appeals from a judgment of the Supreme Court, Dutchess County, dated October 2, 1972, which dismissed the writ nunc pro tune as of November 16, 1971. Judgment affirmed, without costs. The minutes of the Supreme Court, Albany County, sufficiently show that an order was made in this case, duly transferring the trial of the indictment from the Supreme Court to the County Court, Albany County. Hence, the County Court had jurisdiction over appellant at the time of his 1959 trial and conviction. Munder, Acting P. J., Latham, Gulotta, Christ and Benjamin, JJ., concur.

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In a habeas corpus proceeding, defendant appeals from a judgment of the Supreme Court, Dutchess County, dated October 2, 1972, which dismissed the writ nunc pro tune as of November 16, 1971. Judgment affirmed, without costs. The minutes of the Supreme Court, Albany County, sufficiently show that an order was made in this case, duly transferring the trial of the indictment from the Supreme Court to the County Court, Albany County. Hence, the County Court had jurisdiction over appellant at the time of his 1959 trial and conviction. Munder, Acting P. J., Latham, Gulotta, Christ and Benjamin, JJ., concur.

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Bluebook (online)

40 A.D.2d 710, 336 N.Y.S.2d 444, 1972 N.Y. App. Div. LEXIS 3689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-west-v-zelker-nyappdiv-1972.