From Casetext: Smarter Legal Research

People ex Rel. Falaq v. Dalsheim

Appellate Division of the Supreme Court of New York, Second Department
Jul 7, 1986
122 A.D.2d 93 (N.Y. App. Div. 1986)

Opinion

July 7, 1986

Appeal from the Supreme Court, Dutchess County (Marlow, J.).


Appeal dismissed, without costs or disbursements.

No appeal lies from an order entered upon consent (see, Baecher v Baecher, 95 A.D.2d 841; People v Stewart, 83 A.D.2d 713), nor from an intermediate order in a habeas corpus proceeding (see, CPLR 7011; People ex rel. Johnson v Romano, 108 A.D.2d 888; People ex rel. Ardito v Trujillo, 88 A.D.2d 1002). Moreover, since a direct appeal from the judgment of conviction is currently pending and since the issues raised by the petitioner with respect to the propriety of the sentence may be reviewed pursuant to CPL article 440 in the court where he was convicted, habeas corpus would not have been an appropriate remedy (see, People ex rel. Frazier v Coombe, 87 A.D.2d 904). Thompson, J.P., Rubin, Eiber and Spatt, JJ., concur.


Summaries of

People ex Rel. Falaq v. Dalsheim

Appellate Division of the Supreme Court of New York, Second Department
Jul 7, 1986
122 A.D.2d 93 (N.Y. App. Div. 1986)
Case details for

People ex Rel. Falaq v. Dalsheim

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. MUNIR FALAQ, Appellant, v…

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

Date published: Jul 7, 1986

Citations

122 A.D.2d 93 (N.Y. App. Div. 1986)

Citing Cases

People ex Rel. Morgan v. Berry

In any event, all the petitioner's contentions may be raised on the petitioner's appeal from his judgment of…

In re of Adam Ramos v. William

Before: Covello, J.P., Florio, Miller and Eng, JJ. Ordered that the appeal from the order is dismissed,…