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PEOPLE EX REL. DE VASTO v. DILLON

278 A.D. 674 (1951)

The People of the State of New York ex rel. Michael A. De Vasto, Appellant, v. John J. Dillon, as Undersheriff of Orange County, Respondent

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

February 26, 1951.

Order dismissing a writ of habeas corpus, affirmed.

The dismissal of the second indictment was not accomplished pursuant to section 671 of the Code of Criminal Procedure. That statute is the successor of a nolle prosequi relating to discontinuance of prosecution rather than the indictment as a means of instituting the prosecution. (Matter of McDonald v. Sobel, 272 App. Div. 455, affd. 297 N.Y. 679; Moulton v. Beecher, 1 Abb. N...

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