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People ex Rel. Kaplan v. Commissioner of Correction

Court of Appeals of the State of New York
Sep 15, 1983
60 N.Y.2d 648 (N.Y. 1983)

Opinion

Decided September 15, 1983

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JOSEPH A. MAZUR, J.

Joseph Alan Kaplan for appellant.

Elizabeth Holtzman, District Attorney ( Alan D. Rubinstein of counsel), for respondents.


On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, without costs. Relator is not entitled to habeas corpus relief because the only remedy to which he would be entitled would be a new trial or new appeal, and not a direction that he be immediately released from custody ( People ex rel. Douglas v Vincent, 50 N.Y.2d 901).

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS.


Summaries of

People ex Rel. Kaplan v. Commissioner of Correction

Court of Appeals of the State of New York
Sep 15, 1983
60 N.Y.2d 648 (N.Y. 1983)
Case details for

People ex Rel. Kaplan v. Commissioner of Correction

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. JOSEPH A. KAPLAN, on Behalf of…

Court:Court of Appeals of the State of New York

Date published: Sep 15, 1983

Citations

60 N.Y.2d 648 (N.Y. 1983)
467 N.Y.S.2d 566
454 N.E.2d 1309

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