Legal Opinion

Matter of Hogan v. N.Y. Supreme Court

New York Court of Appeals

Decided January 17, 1946PublishedCited by 56 opinions

1Opinion of the CourtDesmond, J.

The appeal is from an Appellate Division order of prohibition, which restrains the Supreme Court from continuing to assume jurisdiction in habeas corpus proceedings brought by appellants Katz and Wexler. Katz and Wexler, imprisoned in the New York City penitentiary, sued out their habeas corpus writs on petitions which alleged that the sentences they are serving, imposed by the New York City Court of Special Sessions, were illegal, because, according to petitioners, they had been defrauded into pleading guilty. When those habeas corpus proceedings came on to be heard at Special Term of…

2Cases cited17 opinions

  1. Mooney v. HolohanSupreme Court of the United States · 1935
  2. Matter of Lyons v. GoldsteinNew York Court of Appeals · 1943
  3. Matter of Morhous v. N.Y. Supreme CourtNew York Court of Appeals · 1944
  4. Gumbel v. PitkinSupreme Court of the United States · 1888
  5. People v. GersewitzNew York Court of Appeals · 1945

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3Cited by56 opinions

  1. People ex rel. Keitt v. McMannNew York Court of Appeals · 1966
  2. Matter of Hogan v. Court of General SessionsNew York Court of Appeals · 1946
  3. Paterno v. LyonsSupreme Court of the United States · 1948
  4. Paterno v. LyonsSupreme Court of the United States · 1948
  5. Campbell v. ThomasAppellate Division of the Supreme Court of the State of New York · 2010

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