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People ex rel. De Flumer v. Vincent

34 N.Y.2d 736 Court N.Y. Decision date 1974-05-08 English

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p. 736
The People of the State of New York ex rel. Carl De Flumer, Jr., Appellant, v. Leon J. Vincent, as Superintendent of Green Haven Correctional Facility, Respondent.
Submitted March 18, 1974;
decided May 8, 1974.

Headnote

Reported below, 43 A D 2d 948 .

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 (CPLR 7002, subd. [a]; People ex rel. Wilder v. Markley, 26 N Y 2d 648 ; People ex rel. Romano v. Warden, 28 N Y 2d 928 ).