Appellate Division of the Supreme Court of New York, 1992

People ex rel. Taylor v. Richardson

People ex rel. Taylor v. Richardson
Appellate Division of the Supreme Court of New York · Decided March 13, 1992
181 A.D.2d 1069; 582 N.Y.S.2d 304; 1992 N.Y. App. Div. LEXIS 4697
People ex rel. Taylor v. Richardson

Opinion of the Court

— Judgment unanimously affirmed. Memorandum: Habeas corpus relief is not available to petitioner because, even if he were to prevail on the motion, he is entitled only to a new hearing, not immediate release (see, People ex rel. Maiello v New York State Bd. of Parole, 101 AD2d 569, affd 65 NY2d 145). (Appeal from Judgment of Supreme Court, Cayuga County, Contiguglia, J. — Habeas Corpus.) Present — Callahan, J. P., Green, Balio, Lawton and Fallon, JJ.

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