New York Court of Appeals

The People of the State of New York Ex Rel. Joseph J. Unger v. . John S. Kennedy, as Warden of Sing Sing Prison, in…

March 14, 1913207 N.Y. 533

Summary

The New York Court of Appeals affirmed the dismissal of the habeas corpus petition, holding that chapter 548 of the Laws of 1912 creating the Bronx County was constitutional and that the courts of New York County retained jurisdiction over crimes committed in the proposed county until January 1, 1914. Accordingly, the grand jury and the Court of General Sessions that tried the appellant had proper authority. The opinion was accompanied by a dissent challenging the constitutionality of the statute and a concurrence emphasizing the indivisibility of the act.