People v. Newberns
Opinion of the Court
Appeal from "judgment” of Supreme Court, New York County, rendered November 12, 1976, unanimously dismissed, without costs. Application by appellant’s counsel to withdraw is granted. (See Anders v California, 386 US 738; People v Saunders, 52 AD2d 833.) Assuming, arguendo, that this is an appeal denying appellant’s application for a writ of habeas corpus, the appeal must be dismissed since no judgment was ever entered. The application was, in point of fact, treated by the court as one for reargument of earlier motions brought by appellant in the criminal proceeding and denied. Appeals may be taken only from a judgment or order (CPLR 5512, subd [a]). What appellant is attempting is to appeal a decision, not a judgment denying a habeas corpus application. A decision is not appealable. (People ex rel. Breedan v Zelker, 41 AD2d 669; see CPLR 5512, subd [a].) Moreover, inasmuch as appellant pleaded guilty to the underlying charge subsequent to November 12, 1976, the date of the "judgment” appealed from, and was thereupon sentenced to probation, he can no longer assert any claim of illegal imprisonment for this court to
Case-law data current through December 31, 2025. Source: CourtListener bulk data.