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People ex rel. Pannone v. Fay

Appellate Division of the Supreme Court of New York, Second Department
Jun 11, 1962
16 A.D.2d 946 (N.Y. App. Div. 1962)

Opinion

June 11, 1962


In a habeas corpus proceeding, relator appeals from an order of the Supreme Court, Dutchess County, dated December 5, 1961 and entered December 11, 1961, after a hearing, which dismissed the writ and remanded him to the custody of respondent. Order affirmed. The same arguments which are presented by relator in this proceeding were presented by him to the Appellate Division of the First Department on the appeal from the judgment of conviction, and that court passed on the merits of such arguments ( People v. Pannone, 8 A.D.2d 608). No reason appears why relator should have the remedy of habeas corpus in addition to the remedy of an appeal from the judgment of conviction (cf. People ex rel. Kern v. Silberglitt, 4 N.Y.2d 59, 62). This court should not be called upon to deal anew with the very questions already passed upon by an appellate court ( People ex rel. Baumgart v. Martin, 9 N.Y.2d 351, cert. denied 368 U.S. 962; People v. Walker, 16 A.D.2d 706). Beldock, P.J., Kleinfeld, Christ, Brennan and Rabin, JJ., concur.


Summaries of

People ex rel. Pannone v. Fay

Appellate Division of the Supreme Court of New York, Second Department
Jun 11, 1962
16 A.D.2d 946 (N.Y. App. Div. 1962)
Case details for

People ex rel. Pannone v. Fay

Case Details

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

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

Date published: Jun 11, 1962

Citations

16 A.D.2d 946 (N.Y. App. Div. 1962)

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