PEOPLE EX REL. CONDON v. JACKSON


279 A.D. 685 (1951)

The People of the State of New York ex rel. Lawrence Condon, Appellant, v. J. Vernel Jackson, as Warden of Clinton Prison, Respondent

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

November 14, 1951.


Assuming that habeas corpus is a proper remedy appellant is not entitled to relief on the merits. We cannot say either as a matter of law or fact on the record before us that the District Attorney of King's County consented to a dismissal of the charges against appellant when the latter was arraigned in Adolescents' Court on March 23, 1942. The case was adjourned in that court until April 1, 1942. On March 27, 1942, appellant was indicted by a Grand Jury of Kings County....

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