Citation Codes Equivalent Citations citation codes Attorney(S) Nathaniel L. Goldstein, Attorney-General ( William S. Elder, of counsel), for No one See more information ... Smart Summary Please sign up to generate summary. THE PEOPLE OF THE STATE OF NEW YORK ex rel. HERBERT ERHARDT, Appellant, v. JOHN F. FOSTER, as Warden of Auburn State Prison, Respondent. Motion granted and appeal dismissed on the ground that appellant has not surrendered himself into custody and is, therefore, 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.)