People State New York Ex Rel. Henry Hirschberg v. C. Fred Close Book Reviews

People State New York Ex Rel. Henry Hirschberg v. C. Fred Close by Court of Appeals of New York Book Summary

[1 N.Y.2d 258 Page 260] Wells B. Van Steenbergh, Jr., after his arrest by State Police was on November 1, 1955 arraigned before a Justice of the
Peace upon a charge of murder, first degree. He waived examination (see Code Crim. Pro., § 190) and waived counsel and was
committed by the Justice of the Peace to the custody of the Sheriff, to be held to await the action of the Grand Jury. On
December 6, 1955 the Grand Jury indicted him for murder, first degree. On January 11, 1956 relator-appellant, attorney for
Van Steenbergh and acting for him, brought these two proceedings, one in habeas corpus and the other in prohibition. Shortly
stated, the grounds alleged for relief in the two petitions were these: first, that the information upon which the Justice
of the Peace acted was insufficient as not containing any copies of any of three alleged confessions, and, second, that the
fundamental rights of the prisoner as to representation by counsel were violated by the advice given him by the police to
waive counsel and hearing. When these two proceedings (habeas corpus and prohibition) came on for hearing, Special Term dismissed
both petitions without taking testimony. The court took the position, which we hold correct, that the validity of the indictment,
not otherwise challenged, could not be affected by any defects in the proceedings before the committing magistrate.

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