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People ex Rel. Wilkerson v. McMann

Appellate Division of the Supreme Court of New York, Third Department
Jun 19, 1967
28 A.D.2d 743 (N.Y. App. Div. 1967)

Opinion

June 19, 1967


MEMORANDUM BY THE COURT. Judgment which dismissed, without a hearing, a petition for a writ of habeas corpus affirmed, without costs. The County Court correctly found that the petition failed of substantial compliance with article 70 of the CPLR. In any event, no valid grounds for relief were stated. (See Code Crim. Pro., § 279; People v. Sciascia, 268 App. Div. 14, affd. 294 N.Y. 927; People ex rel. Troiani v. Fay, 13 A.D.2d 999, mot. for lv. to app. den. 10 N.Y.2d 707, cert. den. 368 U.S. 1003). Gibson, P.J., Herlihy, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by the court.


Summaries of

People ex Rel. Wilkerson v. McMann

Appellate Division of the Supreme Court of New York, Third Department
Jun 19, 1967
28 A.D.2d 743 (N.Y. App. Div. 1967)
Case details for

People ex Rel. Wilkerson v. McMann

Case Details

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

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

Date published: Jun 19, 1967

Citations

28 A.D.2d 743 (N.Y. App. Div. 1967)