People v. Kastel

In view of the undisputed facts in this case and of the provisions of section 2188 of the Penal Law and section 470-a of the Code of Criminal Procedure, considered in the light of Matter of Donnelly (Kuney-Sauter) (168 Misc. 285; affd., sub nom. People ex rel. Kuney v. Adams, 256 App. Div. 802; affd., 280 N. Y. 794), I am of the opinion that this court was without jurisdiction to grant the order herein of October 10, 1939, directing that a bench warrant be issued and that defendant be apprehended and brought before the court on the application of the district attorney for an order revoking…