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People ex Rel. Rios v. Irvin

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 1998
256 A.D.2d 1169 (N.Y. App. Div. 1998)

Opinion

December 31, 1998

Appeal from Judgment of Supreme Court, Erie County, Flaherty, J. — Habeas Corpus.


Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly denied the petition for a writ of habeas corpus. Relator is not entitled to habeas corpus relief based upon the alleged ineffective assistance of appellate counsel "because the only remedy to which he would be entitled would be * * * a new appeal, and not a direction that he be immediately released from custody" ( People ex rel. Kaplan v. Commissioner of Correction of City of N.Y., 60 N.Y.2d 648, 649). The denial of relator's application for a writ of error coram nobis, also based upon the alleged ineffectiveness of appellate counsel ( People v. Rios, 228 A.D.2d 526), does not provide a basis for habeas corpus relief. The absence of a procedure permitting review of the denial of the coram nobis application does not deprive relator of due process of law or render his detention illegal ( see, People v. Gersewitz, 294 N.Y. 163, 168, cert dismissed 326 U.S. 687; see also, People ex rel. Sedlak v. Foster, 299 N.Y. 291, 294).

Present — Green, J. P., Wisner, Pigott, Jr., Callahan and Fallon, JJ.


Summaries of

People ex Rel. Rios v. Irvin

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 1998
256 A.D.2d 1169 (N.Y. App. Div. 1998)
Case details for

People ex Rel. Rios v. Irvin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. LENIN RIOS, Appellant, v…

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

Date published: Dec 31, 1998

Citations

256 A.D.2d 1169 (N.Y. App. Div. 1998)
683 N.Y.S.2d 444

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