Legal Opinion

People ex rel. Cohen v. Warden of Third District Prison

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

Decided May 3, 1912Published

Appeal from Special Term, New York County. The People of the State of New York, on the relation of Morris Cohen, against the Warden of the Third District Prison. From an order dismissing the writ and remanding the relator, he appeals.

1Opinion of the Court

¡Lattghbxiit, J.:

The relator was arrested pursuant to a warrant issued on information charging him with a violation of section 68 of the Sanitary Code. When he was brought before the magistrate, counsel for the board of health, pursuant to section 95 of the Inferior Courts Act, asked that he be held for trial at the Court of Special Sessions. Counsel for the relator thereupon demanded an examination of the witnesses upon whose depositions the warrant had been issued. This request was denied, and the magistrate held the relator to answer the charge in the Court of Special Sessions, and fixed…

2Cases cited74 opinions

  1. Annis v. PeopleMichigan Supreme Court · 1865
  2. People v. . JohnsonNew York Court of Appeals · 1888
  3. Gold v. BissellNew York Supreme Court · 1828
  4. People v. . DillonNew York Court of Appeals · 1910
  5. People v. . GilesNew York Court of Appeals · 1897

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