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People ex Rel. Franza v. Stinson

Appellate Division of the Supreme Court of New York, Third Department
Jun 13, 1996
228 A.D.2d 843 (N.Y. App. Div. 1996)

Opinion

June 13, 1996

Appeal from the Supreme Court, Washington County (Berke, J.).


Petitioner commenced this proceeding pursuant to CPLR article 70 challenging the failure of Supreme Court, New York County to accept a CPL article 440 motion which he attempted to file. Supreme Court, finding that habeas corpus relief was not the proper remedy under the circumstances, denied the petition. Petitioner appeals. It is well settled that habeas corpus relief is only available where a petitioner is entitled to immediate release from custody ( see, People ex rel. Pratt v. Bowen, 204 A.D.2d 838; People ex rel. Fisher v. Leonardo, 200 A.D.2d 844, lv denied 83 N.Y.2d 754). In the case at bar, petitioner's complaint is with the failure of Supreme Court, New York County to accept his CPL article 440 motion for filing. This has nothing to do with the legality of his detention. Accordingly, we agree with Supreme Court that habeas corpus is not the appropriate remedy and find that it properly denied the petition.

Cardona, P.J., Crew III, White, Casey and Spain, JJ., concur. Ordered that the judgment is affirmed, without costs.


Summaries of

People ex Rel. Franza v. Stinson

Appellate Division of the Supreme Court of New York, Third Department
Jun 13, 1996
228 A.D.2d 843 (N.Y. App. Div. 1996)
Case details for

People ex Rel. Franza v. Stinson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. DOMINIC M. FRANZA, Appellant…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jun 13, 1996

Citations

228 A.D.2d 843 (N.Y. App. Div. 1996)
644 N.Y.S.2d 90

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