People ex rel. Modica v. Hoy

On the return of this writ of habeas corpus the court was informed that the relators were not in physical custody but rather that they were at large having posted a bail bond. The court requested counsel for the relators to supply it with some authority for entertaining a writ when the relators are not ‘illegally imprisoned or otherwise restrained in [their] liberty” (CPLR 7002, subd. [a]). By letter to the court, counsel for the relators has advised that he has been unable to find any authority sustaining Ms position. However, he argues that with the increasing concern of the courts for…