The People of the State of New York Ex Rel. Adam Wachowicz, Respondent, Against Walter B. Martin, as Warden of…

Summary

The New York Court of Appeals held that a conviction entered for a crime not necessarily included in the grand‑jury indictment is not a nullity and therefore cannot be challenged by a writ of habeas corpus; the writ was dismissed and the order reversed, remanding the relator to the warden of Attica State Prison. Justice Desmond dissented, arguing that the error was fundamental and that habeas corpus should be available to correct it.