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People ex rel. Dellavalle v. McGinnis

21 N.Y.2d 795 Court N.Y. Decision date 1968-02-14 English

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p. 795
The People of the State of New York ex rel. John Dellavalle, Appellant, v. Paul D. McGinnis, as Commissioner of the Department of Correction, et al., Respondents.
Submitted January 15, 1968;
decided February 14, 1968.
John Dellavalle, pro se, for motion.
No one opposed.

Motion denied. Petitioner is not entitled to habeas corpus relief since under no circumstances would he be entitled as a

p. 796
matter of right to be released from custody. In addition, no substantial rights of relator are prejudiced by the dismissal of the petition at this time.