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People ex rel. White v. La Vallee

Appellate Division of the Supreme Court of New York, Third Department
Mar 25, 1976
51 A.D.2d 1093 (N.Y. App. Div. 1976)

Opinion

March 25, 1976


Appeal from a judgment of the Supreme Court, Clinton County, entered August 13, 1975, which denied a writ of habeas corpus, without a hearing. Petitioner was convicted by a jury of murder on November 30, 1970. He was sentenced to an indeterminate term of 20 years to life. On appeal, the judgment of conviction was affirmed (People v White, 39 A.D.2d 1018). Thereafter, he sought a writ of habeas corpus, maintaining he was denied his constitutional right to a speedy trial. Special Term denied the writ without a hearing. We agree. The relief sought by petitioner is properly available to him pursuant to CPL article 440 in the court of conviction, and not by habeas corpus (People ex rel. Stewart v La Vallee, 51 A.D.2d 1092; People ex rel. Allegretti v Casscles, 42 A.D.2d 916). Judgment affirmed, without costs. Koreman, P.J., Sweeney, Mahoney, Larkin and Herlihy, JJ., concur.


Summaries of

People ex rel. White v. La Vallee

Appellate Division of the Supreme Court of New York, Third Department
Mar 25, 1976
51 A.D.2d 1093 (N.Y. App. Div. 1976)
Case details for

People ex rel. White v. La Vallee

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. DANIEL WHITE, Appellant, v. J…

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

Date published: Mar 25, 1976

Citations

51 A.D.2d 1093 (N.Y. App. Div. 1976)

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