Butts v. Justices of the Court of Special Sessions

In a proceeding for relief inter alia under article 78 of the'CPLR, the appeal is from a judgment of the Supreme Court, Westchester County, entered January 5, 1971, which treated the proceeding as one in habeas corpus, discharged petitioner and exonerated the bail which had been set by a Committing Magistrate after a preliminary examination. Judgment reversed, on the law, without costs; petition dismissed; and petitioner directed to be admitted to bail in the amount heretofore fixed. In our opinion, Special Term erred in giving petitioner habeas corpus relief while he was at liberty on bail.…