People ex rel. Schlitt v. Adams — 275 N.Y. 594

Majority

p. 594

The People of the State of New York ex rel. Frank C. Schlitt, Respondent, v. William A. Adams, as Warden of Tombs Prison, Defendant, and The People of the State of New York, Appellant.

Submitted September 30, 1937;

decided October 19, 1937.

p. 595

William Copeland Dodge, District Attorney (Erwin N. Schapira of counsel), for appellant.

Norbert Ruttenberg and Nathan Siegel, Jr., for respondent.

Order of Appellate Division and that of the Special Term reversed, the writ dismissed and relator remanded to custody on the ground that there was sufficient evidence to give the magistrate jurisdiction. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Htjbbs, Loughran, Finch and Rifpey, JJ.