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PEOPLE EX REL. GROSS v. SHERIFF OF CITY OF N. Y.

277 A.D. 546 (1950)

The People of the State of New York ex rel. Harry Gross, Relator, v. Sheriff of the City of New York, Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 15, 1950.

Attorney(s) appearing for the Case

Michael Kern for relator.

Aaron E. Koota, Assistant District Attorney (Miles F. McDonald, District Attorney), for defendant.

NOLAN, P. J., and SNEED, J., concur with JOHNSTON, J.; CARSWELL, J., dissents and votes to sustain the writ and to discharge the relator, without prejudice to his rearraignment as a defendant for the fixation of adequate bail, with memorandum, in which WENZEL, J., concurs.

JOHNSTON, J.

Proceeding by way of writ of habeas corpus to test the legality of relator's detention pursuant to an order of the County Court, Kings County, dated September 19, 1950, which directed that relator enter into an undertaking with surety in the sum of $250,000, as a witness on behalf of the People upon an investigation by the Kings County Grand Jury, which investigation was then and is now pending in...

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