People ex rel. McBride v. Fay

• Decision Date: 10 June 1964
• Citation: People ex rel. McBride v. Fay, 251 N.Y.S.2d 690, 14 N.Y.2d 843 (N.Y. 1964)
• Parties: , 200 N.E.2d 580 The PEOPLE, etc., ex rel. John F. McBRIDE, Appellant, v. Edward M. FAY, as Warden of Green Haven State Prison, Stormville, New York, Respondent.
• Court: New York Court of Appeals Court of Appeals

Page 690

251 N.Y.S.2d 690

14 N.Y.2d 843, 200 N.E.2d 580

The PEOPLE, etc., ex rel. John F. McBRIDE, Appellant, v.Edward M. FAY, as Warden of Green Haven State PrisonStormville, New York, Respondent.

Court of Appeals of New York.

June 10, 1964.

Appeal from Supreme Court, Appellate Division, Second Department, 19 A.D.2d 712, 242 N.Y.S.2d 448.

In a habeas corpus proceeding, the relator appealed from an order of the Supreme Court, Dutchess County, John P. Donohoe, J., which dismissed the writ and remanded him to the custody of the respondent.The relator appealed.

The Appellate Division held that inasmuch as indictment was for non-capital offense and relator had power to waive his right to be present when jury was recalled to courtroom to hear statement by codefendant read by court reporter, defect caused by his absence without his consent or waiver was not one affecting jurisdiction of court and did not entitle relator to relief.The order was affirmed, and the relator appealed to the Court of Appeals.

Frederic Block, Port Jefferson Station, for rel...