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People ex Rel. Warren v. People

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 1991
171 A.D.2d 768 (N.Y. App. Div. 1991)

Opinion

March 11, 1991

Appeal from the Supreme Court, Kings County (Cirigliano, J.).


Ordered that the judgment is affirmed, without costs or disbursements.

Since the petitioner is in a federal prison outside of New York State, the Supreme Court, Kings County lacked jurisdiction to entertain his application and therefore properly denied the writ (see, CPLR 7002 [a], [b]; People v Mitchell, 59 Misc.2d 15, affd 45 A.D.2d 746; Matter of Hogan v Culkin, 18 N.Y.2d 330). Bracken, J.P., Kooper, Lawrence, Balletta and O'Brien, JJ., concur.


Summaries of

People ex Rel. Warren v. People

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 1991
171 A.D.2d 768 (N.Y. App. Div. 1991)
Case details for

People ex Rel. Warren v. People

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. BERRY WARREN, True Name LARRY…

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

Date published: Mar 11, 1991

Citations

171 A.D.2d 768 (N.Y. App. Div. 1991)
567 N.Y.S.2d 322

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