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PEOPLE EX REL. RUBENSTEIN v. WARDEN OF CITY PRISON

279 A.D. 47 (1951)

The People of the State of New York ex rel. Jack Rubenstein, Appellant, v. Warden of the City Prison, New York, Respondent

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

November 13, 1951.

Attorney(s) appearing for the Case

Eugene Gold for appellant.

Charles W. Manning of counsel (Richard G. Denzer with him on the brief; Frank S. Hogan, District Attorney, New York County), for respondent.

PECK, P. J., GLENNON, COHN and CALLAHAN, JJ., concur in Per Curiam opinion; DORE, J., dissents and votes to affirm, in opinion.

Per Curiam.

This is an appeal by relator from an order of Special Term dismissing a writ of habeas corpus. The proceeding was brought to challenge an increase of bail from $15,000 to $50,000.

Relator was arrested on July 31, 1951, charged with fixing college basketball games. He was described by the assistant district attorney upon the arraignment as being one of a lower echelon involved in the basketball scandal...

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