SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
June 19, 1969
THE PEOPLE OF THE STATE OF NEW YORK EX REL. WILLARD R. MESSICK, APPELLANT,
PETER R. SORENSEN, AS BUFFALO AREA DIRECTOR OF NEW YORK STATE DIVISION OF PAROLE, RESPONDENT
Appeal from judgment of Erie Special Term dismissing writ of habeas corpus.
Goldman, P. J., Marsh, Witmer, Moule and Bastow, JJ.
Memorandum: Contrary to the statement of Special Term, we find that the Clinton County Judge did make a reviewable record. A question of fact was presented as to whether or not defendant was armed at the time of the commission of the crime. We find that habeas corpus was a proper remedy. (People ex rel. Romano v. Brophy, 280 N. Y. 181 and 707.)
Judgment unanimously affirmed.
© 1998 VersusLaw Inc.