Appellate Division of the Supreme Court of New York, 1974

People ex rel. Alim v. La Vallee

People ex rel. Alim v. La Vallee
Appellate Division of the Supreme Court of New York · Decided October 15, 1974
46 A.D.2d 696; 1974 N.Y. App. Div. LEXIS 3997
People ex rel. Alim v. La Vallee

Opinion of the Court

Application, pursuant to CPLR 7002 (subd. [b], par. 2) for writ of habeas corpus and for other relief denied as insufficient. The papers submitted fail to demonstrate that petitioner’s incarceration is illegal or that he is presently being restrained in excess of constitutional guarantees. That part of the application which requests dismissal of a pending indictment is denied without prejudice to a proper motion directed to the trial court pursuant to GPL 210.20. Herlihy, P. J., Staley, Jr., Greenblott, Cooke and Kane, JJ., concur.

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