People ex rel. Guido v. Calkins

This appeal comes to us as of right from an order of the Appellate Division, Third Department, which reversed, “ on the law alone ”, the Schenectady County Court’s order dismissing a writ of habeas corpus, and sustained the writ.

The relator, Frank Guido, was arraigned in Schenectady Police Court on an information, sworn to by a member of the Schenectady Police Department, charging that he knowingly committed the crime of Common Gambler in violation of section 970 of the Penal Law “ in that he did on the aforesaid date, at *80about 3:45 P.M. at the premises known as 813 Albany Street, in the City…