People ex rel. Zangrillo v. Doherty

This is a habeas corpus proceeding. On October 1, 1963, in an interim opinion (40 Misc 2d 505), I passed upon some of the issues of law presented by the relator’s application and then directed that a hearing be held to pass upon the unresolved issues of fact. In open court, on October 11, 1963, counsel for the relator and the District Attorney of Nassau County stipulated the unresolved factual issues.

The stipulation and the other facts in the record reveal the following occurrences in their chronological order:

1. On May 15, 1945 the relator plead guilty in the County Court of Kings County to…