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People ex rel. Mendolia v. Superintendent, Green Haven Correctional Facility

47 N.Y.2d 779 Court N.Y. Decision date 1979-05-10 English

Contents

Majority

p. 779
The People of the State of New York ex rel. Stephen Mendolia, Respondent, v Superintendent, Green Haven Correctional Facility et al., Appellants.
Argued May 1, 1979;
decided May 10, 1979
APPEARANCES OF COUNSEL
Robert Abrams, Attorney-General (Burton Herman and Samuel A. Hirshowitz of counsel), for appellants.
Joel P. Gorham, Daniel J. Steinbock and David Steinberg for respondent.

OPINION OF THE COURT

Order reversed, without costs, and the petition dismissed upon the ground that the remedy of habeas corpus is not available since relator will not be entitled to immediate release, in view of counsel’s advice that relator is now incarcerated as the result of a new charge (People ex rel. Lane v

p. 780
Vincent, 32 NY2d 940 ; People ex rel. Fitzgerald v Casscles, 28 NY2d 866 ).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg.

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