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People v. Williams

247 N.Y. 572 Court N.Y. Decision date 1928-02-14 English

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p. 572
The People of the State of New York, Appellant, v. Marie Williams, Defendant, and Henry Karmel, Respondent.

Headnote

Bail — order of Appellate Division reversing judgment of conviction and directing discharge of d,efendant equivalent to direction for exoneration of hail.
People v. Williams, 221 App. Div. 776 , affirmed.
(Argued January 20, 1928;
decided February 14, 1928.)
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered
p. 573
June 24, 1927, which reversed an order of the Orange County Court denying a motion to vacate an order forfeiting an undertaking of bail and granted said motion The Appellate Division had reversed a judgment of conviction and directed that defendant be discharged from custody. On appeal by the People to the Court of Appeals the judgment of the Appellate Division had been reversed and the judgment of conviction affirmed ( 243 N. Y. 162 ). The Appellate Division herein held that its order directing discharge of defendant was equivalent to a direction that the bail be exonerated as required by section 545 of the Code of Criminal Procedure.
Elmer H. Lemon, District Attotney, for appellant.
Henry Hirschberg for respondent.

Order affirmed; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.

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