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People ex Rel. Rosario v. Vallee

Appellate Division of the Supreme Court of New York, Third Department
Dec 20, 1976
55 A.D.2d 771 (N.Y. App. Div. 1976)

Opinion

December 20, 1976


Appeal from a judgment of the Supreme Court at Special Term, entered February 17, 1976 in Clinton County, which denied petitioner's application for a writ of habeas corpus, without a hearing. The petition alleges that his conviction is illegal because the Grand Jury which indicted him was illegally constituted through the unconstitutional exclusion of "negroes" from its membership. The application contains absolutely no factual allegations of such exclusion and is entirely insufficient to raise any legal question which could possibly affect the legality of his detention. Since the application is inadequate to raise a question as to the legality of the indictment and/or the composition of the Grand Jury, there is no basis for reaching any issue of waiver or the appropriateness of habeas corpus as a remedy. Judgment affirmed, without costs. Koreman, P.J., Greenblott, Sweeney, Kane and Herlihy, JJ., concur.


Summaries of

People ex Rel. Rosario v. Vallee

Appellate Division of the Supreme Court of New York, Third Department
Dec 20, 1976
55 A.D.2d 771 (N.Y. App. Div. 1976)
Case details for

People ex Rel. Rosario v. Vallee

Case Details

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

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

Date published: Dec 20, 1976

Citations

55 A.D.2d 771 (N.Y. App. Div. 1976)

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