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People ex Rel. Allegretti v. Casscles

Appellate Division of the Supreme Court of New York, Third Department
Sep 20, 1973
42 A.D.2d 916 (N.Y. App. Div. 1973)

Opinion

September 20, 1973


Appeal from a judgment of the Supreme Court, Washington County, which denied a writ of habeas corpus, without a hearing. The remedy for the relief sought by appellant in the instant proceeding is properly available to him pursuant to CPL art. 440 and not via habeas corpus (see People ex rel. Jarrels v. Mancusi, 35 A.D.2d 685, mot. for lv. to app. den. 27 N.Y.2d 488; People ex rel. Thompson v. Mancusi, 33 A.D.2d 643, mot. for lv. to app. den. 25 N.Y.2d 744; People ex rel. Anderson v. Warden, 68 Misc.2d 463). Appellant, in fact, has such a proceeding now pending and the delay in that proceeding does not warrant the granting of the requested writ. Judgment affirmed, without costs. Herlihy, P.J., Staley, Jr., Greenblott, Cooke and Reynolds, JJ., concur.


Summaries of

People ex Rel. Allegretti v. Casscles

Appellate Division of the Supreme Court of New York, Third Department
Sep 20, 1973
42 A.D.2d 916 (N.Y. App. Div. 1973)
Case details for

People ex Rel. Allegretti v. Casscles

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. EDWARD ALLEGRETTI, Appellant…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Sep 20, 1973

Citations

42 A.D.2d 916 (N.Y. App. Div. 1973)

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