Legal Opinion

People ex rel. Perry v. Gillette

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

Decided July 12, 1910PublishedCited by 2 opinions

Appeal by the People of the State of New York from an order made by the special county judge of Monroe county, and entered in the office of the clerk of said county on the 5th day of April, 1910, sustaining a writ of habeas corpus and discharging the relator from custody.

1Opinion of the Court

Williams, J.:

The order should be reversed and the relator remanded to the custody of the sheriff.

The relator was in custody upon a bench warrant issued upon an indictment and sought his discharge upon the ground that at the time the indictment was found he was under arrest upon a warrant issued by the police justice of the city of Rochester for a misdemeanor in committing the same act charged as a felony in the indictment, and that the crime was correctly charged as a misdemeanor, of which the Police Court had exclusive jurisdiction. The only question raised upon this appeal by the appellant…

2Cases cited2 opinions

  1. People v. . GardnerNew York Court of Appeals · 1894
  2. People ex rel. Perry v. Gillette, New York County Courts1910

3Cited by2 opinions

  1. People ex rel. Moore v. Warden of the City PrisonAppellate Division of the Supreme Court of the State of New York · 1912
  2. People ex rel. Whitman v. WoodwardAppellate Division of the Supreme Court of the State of New York · 1912

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