People ex rel. Kaplan v. Commissioner of Correction

N.Y.

Court: New York Court of Appeals

Citations: 60 N.Y.2d 648, 467 N.Y.S.2d 566, 454 N.E.2d 1309, 1983 N.Y. LEXIS 3349

Decision Date: 9/15/1983

Jurisdiction: NY

Bluebook Citation: People ex rel. Kaplan v. Commissioner of Correction, 60 N.Y.2d 648, 467 N.Y.S.2d 566, 454 N.E.2d 1309, 1983 N.Y. LEXIS 3349 (1983)

More Cases: N.Y. decisions from 1983

The People of the State of New York ex rel. Joseph A. Kaplan, on Behalf of Armando Fuentes, Appellant, v Commissioner of Correction of the City of New York et al., Respondents.

Attorneys

APPEARANCES OF COUNSEL
Joseph Alan Kaplan for appellant.
Elizabeth Holtzman, District Attorney (.Alan D. Rubinstein of counsel), for respondents.

majority

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, without costs. Relator is not entitled to habeas corpus relief because the only remedy to which he would be entitled would be a new trial or new appeal, and not a direction that he be immediately released from custody (People ex rel. Douglas v Vincent, 50 NY2d 901).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons.

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