Legal Opinion

People ex rel. Erhardt v. Foster

Appellate Division of the Supreme Court of the State of New York

Decided January 18, 1946PublishedCited by 1 opinion

1Opinion of the CourtLarkin, J.

This proceeding originally instituted by an order to.show cause returnable at the Wayne Special Term on December 2, 1944, directing the Warden of Auburn State Prison to show cause why petitioner should not be discharged from custody was treated as a habeas corpus and ended in a final order dated January 9,1945, discharging the petitioner from custody. From that order the People of the State of New York took this appeal.

On March 10, 1930, the petitioner Erhardt was sentenced by the Broome County Court to a definite sentence, ten years imprisonment, in Auburn State Prison upon his plea of…

2Cases cited8 opinions

  1. People Ex Rel. Atkins v. JenningsNew York Court of Appeals · 1928
  2. People Ex Rel. Dote v. MartinNew York Court of Appeals · 1945
  3. People ex rel. La Placa v. HeacoxAppellate Division of the Supreme Court of the State of New York · 1933
  4. People Ex Rel. Patterson v. BockelNew York Court of Appeals · 1936
  5. People Ex Rel. Rothermel v. MurphyNew York Court of Appeals · 1937

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3Cited by1 opinion

  1. People v. FosterAppellate Division of the Supreme Court of the State of New York · 1947

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