From Casetext: Smarter Legal Research

People ex Rel. Malik v. Reynolds

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 11, 1983
96 A.D.2d 708 (N.Y. App. Div. 1983)

Opinion

July 11, 1983

Appeal from the Supreme Court, Cayuga County, Contiguglia, J.

Present — Dillon, P.J., Doerr, Denman, Boomer and Schnepp, JJ.


Judgment unanimously affirmed. Memorandum: Since the relief sought in the petition could not have resulted in petitioner's release from prison, habeas corpus is not the proper remedy. We convert the proceeding to one under CPLR article 78 (see CPLR 103, subd [c]), and dismiss the petition as lacking in merit.


Summaries of

People ex Rel. Malik v. Reynolds

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 11, 1983
96 A.D.2d 708 (N.Y. App. Div. 1983)
Case details for

People ex Rel. Malik v. Reynolds

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. ABDUL-JABBAR MALIK, Appellant…

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

Date published: Jul 11, 1983

Citations

96 A.D.2d 708 (N.Y. App. Div. 1983)

Citing Cases

People ex Rel. Williams v. Scully

Under these circumstances, the petition was properly denied. Habeas corpus is not a substitute for appeal (…

People ex Rel. Rosario v. Henderson

Habeas corpus is not the appropriate remedy. The alleged trial errors could have been reviewed on appeal but…