Majority
p. 542The People of the State of New York ex rel. Robert R. Marshall, Appellant, v. Charles C. Cyrta, as Warden of the County Jail of Suffolk County, Respondent.
Judgment of the Supreme Court, Suffolk County, dated February 6, 1967, affirmed, without costs. No opinion. Beldock, P. J., Rabin and Benjamin, JJ., concur; Brennan and Hopkins, JJ., dissent and vote to reverse the judgment and remand relator to the .County Court, Suffolk County, for rearraignment and repleading, on the basis of their dissent in People ex rel. Gallagher v. Follette ( 27 A D 2d 664 ) and People ex rel. Butler v. Fay ( 27 AD 2d 663 ).
Cases cited
- People ex rel. Gallagher v. Follette 27 A D 2d 664 p. 542