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People ex rel. Burch v. Knapp

42 A.D.2d 914 Court N.Y. App. Div. Decision date 1973-09-12 English

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p. 914
The People of the State of New York ex rel. Rick Burch, Rick Fraser, Curtis Grant and Craig Thibadeaux, Petitioners, v. Harold F. Knapp, as Sheriff of Otsego County, New York, Respondent.

Application, pursuant to CPLR 7002 (subd. [b], par. 2), for a writ of habeas corpus denied on the ground that the unsupported factual allegations in the petition are insufficient to warrant a hearing thereon. The court also notes that the same contentions were made in a prior application for habeas corpus relief which was dénied by the County Court (see CPLR 7003, subd. [b]). Herlihy, P. J., Staley, Jr., Cooke, Sweeney and Reynolds, JJ., concur.