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People ex rel. Yacobellis v. McKendrick

28 N.Y.2d 808 Court N.Y. Decision date 1971-04-08 English

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p. 808
The People ex rel. Eugene Albert Yacobellis, Appellant, v. Charles McKendrick, as Warden of Wallkill State Prison, Respondent.
Submitted March 22, 1971;
decided April 8, 1971.

Motion for leave to appeal dismissed upon the ground that relator, having been released on parole, is not sufficiently restrained of his liberty so as to entitle him to the extraordinary writ of habeas corpus (People ex rel. Wilder v. Markley, 26 N Y 2d 648 ; CPLR 7002, subd. [a]).

Motion to dismiss appeal taken as of right granted and appeal dismissed.