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PEOPLE EX REL. GARCIA v. MORAN

28 Misc.2d 693 (1961)

The People of the State of New York ex rel. Leonore Garcia, Relator, v. L. V. Moran, as Warden of the Women's House of Detention, Respondent.

Supreme Court, Special Term, New York County.

March 6, 1961

Attorney(s) appearing for the Case

Isidore Dollinger, District Attorney (Milton Altschuler of counsel), for respondent. John F. Wilkinson (Daniel A. O'Connor of counsel), President of the Criminal Courts Bar Assn.

EDGAR J. NATHAN, JR., J.

A challenge to the jurisdiction of the Magistrates' Court may be made by writ of habeas corpus (People v. Schildhaus, 8 N.Y.2d 33), but the relator herein has failed to establish that her sentencing in Bronx Gamblers Court by a City Magistrate who is a resident of the Borough of Queens was a nullity on jurisdictional grounds. Section 102 of...

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