Frazier v. Greene
Cases that cite this one
5 later published cases cite this decision.
- People ex rel. Burr v. Rock (Appellate Division of the Supreme Court of New York 2012)
- People ex rel. Burr v. Rock (Appellate Division of the Supreme Court of New York 2012)
- People ex rel. Budden v. Taylor (Appellate Division of the Supreme Court of New York 2010)
- People ex rel. Haynes v. Artus (Appellate Division of the Supreme Court of New York 2008)
- People ex rel. Pilgrim v. Greene (Appellate Division of the Supreme Court of New York 2005)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from a judgment of the Supreme Court (Berke, J.), entered July 29, 2003 in Washington County, which denied petitioner’s writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
Petitioner commenced this CPLR article 70 proceeding for a writ of habeas corpus asserting that he was improperly delivered to and accepted by the Department of Correctional Services because the certificate of conviction authorizing the execution of his sentence is defective. Supreme Court dismissed the petition and we affirm. Given the information contained in the petition, which included a final order of commitment, petitioner would not be entitled to immediate release even if successful in his argument (see People ex rel. Burr v Smith, 6 AD3d 841 [2004]; People ex rel. Burr v Duncan, 289 AD2d 898 [2001], lv denied 97 NY2d 612 [2002]). Accordingly, habeas corpus is not available to petitioner.
Mercure, J.P., Peters, Spain, Mugglin and Rose, JJ., concur. Ordered that the judgment is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.