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People ex rel. Valenti v. Sheriff of New York

The People of the State of New York ex rel. Costenze P. Valenti, against Sheriff of the City of New York and/or Warden of the New York County Civil Jail

People ex rel. Valenti v. Sheriff of N.Y., 10 A.D.2d 684 (1960)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
March 15, 1960
Citations
10 A.D.2d 684197 N.Y.S.2d 7421960 N.Y. App. Div. LEXIS 11306

Opinion of the Court

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Order unanimously reversed on the law and the facts and in the exercise of discretion, the writ of habeas corpus is sustained, and the bail exonerated. Had relator-appellant originally given the answers and explanations now offered, his testimony could not be said to be so false and evasive as to present “not the slightest probability of truthfulness”. (Cf. Matter of Commission of Investigation v. Lombardozzi, 9 A D 2d 95, 98; People ex rel. Miranda v. McCloskey, 9 A D 2d 751.) It may well be, as respondent contends, that the testimony offered at the last hearing was tailored to fit the pattern of this court’s opinion in People ex rel. Valenti v. McCloskey (8 A D 2d 74, affd. 6 N Y 2d 390); but it cannot be held to be so palpably and transparently a fabrication as to be deemed a continued 'refusal to answer, warranting further commitment under section 406 of the Civil Practice Act. Concur — Botein, P. J., Breitel, Valente, Stevens and Bergan. JJ.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1960: 119602026peak 1960 · 1

Relies on it most ⓘ

  1. United States v. Bufalino285 F.2d 408 (2d Cir. 1960)

Most recent

  1. United States v. Bufalino285 F.2d 408 (2d Cir. 1960)

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