Hyperlawhypertext legal databasebeta People ex rel. Kaplan v. Commissioner of Correction 60 N.Y.2d 648

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People ex rel. Kaplan v. Commissioner of Correction

60 N.Y.2d 648 Court N.Y. Decision date 1983-09-15 English

Contents

Majority

p. 648
The People of the State of New York ex rel. Joseph A. Kaplan, on Behalf of Armando Fuentes, Appellant, v Commissioner of Correction of the City of New York et al., Respondents.
Decided September 15, 1983
p. 649
APPEARANCES OF COUNSEL
Joseph Alan Kaplan for appellant.
Elizabeth Holtzman, District Attorney (.Alan D. Rubinstein of counsel), for respondents.

opinion of the court

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, without costs. Relator is not entitled to habeas corpus relief because the only remedy to which he would be entitled would be a new trial or new appeal, and not a direction that he be immediately released from custody (People ex rel. Douglas v Vincent, 50 NY2d 901 ).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons.

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