Legal Opinion
People ex rel. Nuccio v. Warden of Eighth District Prison
New York Supreme Court
Decided November 4, 1943PublishedCited by 5 opinions
1Opinion of the CourtHammer, J.
Relator, held as a material witness, seeks his release by way of habeas corpus. His contention is that he is detained illegally, as (1) no action or proceeding is pending in a court of this State and he cannot be held as a material witness under section 618-b of the Code of Criminal Procedure; and (2) the detention, in any event, is for more than a reasonable time. The affidavit of a police officer, sworn to September 10, 1943, shows Nuccio is a material and necessary witness in respect of the murder of Carlo Tresca in New York County, January 11, 1943, and the case is pending before the…
2Cases cited4 opinions
- People ex rel. Choate v. BarrettNew York Supreme Court · 1890
- People Ex Rel. Choate v. . BarrettNew York Court of Appeals · 1890
- Pribyl v. Van Loan & Co.Appellate Division of the Supreme Court of the State of New York · 1941
- People v. NaughtonCourt Of Oyer And Terminer New York · 1870
3Cited by5 opinions
- Van Horn v. City of TrentonSupreme Court of New Jersey · 1979
- People ex rel. Van Der Beek v. McCloskeyAppellate Division of the Supreme Court of the State of New York · 1963
- State v. Ensor and ComptonCourt of Appeals of Maryland · 1976
- State v. BallardMissouri Court of Appeals · 1956
- People ex rel. Fusco v. RyanNew York Supreme Court · 1953