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People v. Herbert [4th Dept 1999

Appellate Division of the Supreme Court of New York, Fourth Department
May 10, 1999
(N.Y. App. Div. May. 10, 1999)

Opinion

May 10, 1999

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

PRESENT: PINE, J. P., HAYES, WISNER, PIGOTT, JR., AND BALIO, JJ.


Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the petition seeking a writ of habeas corpus. Even if his present contentions had merit ( but see, Matter of Davila v. New York State Div. of Parole, 249 A.D.2d [decided Apr. 30, 1998]), relator would not be entitled to immediate release, and thus habeas corpus relief is not available to him ( see, People ex rel. Douglas v. Vincent, 50 N.Y.2d 901, 903; People ex rel. Dell v. Walker, 186 A.D.2d 1043, lv denied 81 N.Y.2d 702).


Summaries of

People v. Herbert [4th Dept 1999

Appellate Division of the Supreme Court of New York, Fourth Department
May 10, 1999
(N.Y. App. Div. May. 10, 1999)
Case details for

People v. Herbert [4th Dept 1999

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK EX REL. CARLOS DAVILA, APPELLANT, v…

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

Date published: May 10, 1999

Citations

(N.Y. App. Div. May. 10, 1999)