People Ex Rel. Kern v. Silberglitt

4 N.Y.2d 59 (1958)

The People of the State of New York ex rel. Michael Kern, on Behalf of Harry Gross, Appellant,

v.

Harry Silberglitt, as Warden of the Penitentiary of the City of New York, Respondent.

Court of Appeals of the State of New York.

Argued November 18, 1957.

Decided February 28, 1958.

Michael Kern for appellant.

Edward S. Silver, District Attorney (William I. Siegel of counsel), for respondent.

Judges DYE, FULD and BURKE concur with Judge DESMOND; Judge FROESSEL dissents in an opinion in which Chief Judge CONWAY and Judge VAN VOORHIS concur.

DESMOND, J.

This is a habeas corpus proceeding…