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People ex rel. France v. Smith

55 A.D.2d 1048 Court N.Y. App. Div. Decision date 1977-01-21 English

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p. 1048
The People of the State of New York ex rel. Earl France, Appellant, v Harold J. Smith, as Superintendent of the Attica Correctional Facility, Respondent.

Judgment unanimously affirmed. Memorandum: Relator has asserted no reason of practicality or necessity to justify the grant of habeas corpus relief while his appeal from the judgment of conviction is pending (People ex rel. Keitt v McMann, 18 NY2d 257 ). Absent such a showing, dismissal of the writ was proper (People ex rel. Finney v Follette, 37 AD2d 575 ; People ex rel. Bray v Deegan, 32 AD2d 940 ). (Appeal from judgment of Wyoming Supreme Court — habeas corpus.) Present — Moule, J. P., Cardamone, Simons, Dillon and Witmer, JJ.

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