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The People of the State of New York Ex Rel. Herbert Erhardt v. John F. Foster, as Warden of Auburn State Prison
Opinions in this case
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Motion granted and appeal dismissed on the ground that appellant has not surrendered himself into custody and is, therefore, *Page 629 not within the jurisdiction of the court. (See People v.Genet, 59 N.Y. 80; People ex rel. Hamilton v. Commissioner,185 N.Y. 594.)