Legal Opinion

People ex rel. Shinsky v. Hunt

New York Supreme Court

Decided August 28, 1942PublishedCited by 3 opinions

1Opinion of the CourtHinkley, J.

This is a writ of habeas corpus which presents the question of the constitutionality of section 1898-a of the Penal Law. The affirmance of relator’s conviction by the Appellate Division, reported in 256 App. Div. 995, and by the Court of Appeals in 281 N. Y. 581, 881, disposes of all questions raised upon this writ.

The Court of Appeals in 1937 had before it section 1898-a of the Penal Law. The court sustained a writ of habeas corpus at that time but expressly stated that it did not pass upon the constitutionality of the section. (People ex rel. Dixon v. Lewis, 276 N. Y. 613.)

Apparently on the…

2Cases cited3 opinions

  1. People v. Murphy, Kane, Ryan, Ackalities, CampbellNew York Court of Appeals · 1938
  2. People v. GerschinskyNew York Court of Appeals · 1939
  3. People Ex Rel. Dixon v. LewisNew York Court of Appeals · 1938

3Cited by3 opinions

  1. People v. RussoAppellate Division of the Supreme Court of the State of New York · 1951
  2. People v. FormanCriminal Court of the City of New York · 1989
  3. United States ex rel. Rogalski v. JacksonDistrict Court, N.D. New York · 1944

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