Opinion · New York Court of Appeals
People ex rel. Kaplan v. Commissioner of Correction
60 N.Y.2d 648
- Type
- Opinion
- Court
- New York Court of Appeals
- Jurisdiction
- New York
- Date
- 1983-09-15
- Topic
- general
opinion of the court On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 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 NY2d 901). Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons.
Citator
- Cited by
- 31 opinions
opinion of the court
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 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 NY2d 901).
Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons.