People ex rel. Bishal v. Murphy
Decision Date | 09 June 1966 |
Parties | , 218 N.E.2d 702 The PEOPLE, etc., ex rel. Edward H. BISHAL, Respondent, v. Robert E. MURPHY, Warden, Auburn Prison, Respondent; The People of the State of New York, Appellant. |
Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Fourth Department, 23 A.D.2d 970, 260 N.Y.S.2d 429.
Louis J. Lefkowitz, Atty. Gen. , for appellant.
The People of the State of New York appealed from an order of the Cayuga County Court, Gerald S. Hewitt, J., sustaining writ of habeas corpus, following a hearing, and ordering warden to discharge relator from custody. The People of the State of New York appealed to the Court of Appeals.
Order reversed and the writ of habeas corpus dismissed (see, People ex rel. Coates v. Martin, 8 A.D.2d 688, 184 N.Y.S.2d 443).
All concur.
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People ex rel. Henderson v. Casscles
...App.Div. 127, 180 N.Y.S. 702 (2d Dept.); People ex rel. Kern v. McDonnell, Sup., 137 N.Y.S.2d 149; see People ex rel. Bishal v. Murphy, 17 N.Y.2d 897, 271 N.Y.S.2d 995, 218 N.E.2d 702). The Warden can only determine the duration of the sentence from the commitment papers and is not bound to......
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