People ex rel. Siskind v. Silberglitt

The identical issues now presented by the relator were passed upon by my learned colleague in Lenefsky (on behalf of Siskind, the same relator) v. Silberglitt (N. Y. L. J., Jan. 7,1957, p. 10, col. 1 [Sup. Ct., Bx. Co., Flynn, J., Index No. 2867-1956: see record and briefs]). This is a so-called criminal writ, as distinguished from one which involves the custody of an infant (see People ex rel. Hahn v. Haines, 1 A D 2d 263, 267, affd. 1 N Y 2d 835). As such, notwithstanding some conflict of authority (see 39 C. J. S., Habeas Corpus, § 105, pp. 698 et seq.; People ex rel. Bravata v. Morhous,…