Appellate Division of the Supreme Court of New York, 2011

People ex rel. Cass v. Khahaifa

Appellate Division of the Supreme Court of New York · Decided November 18, 2011

89 A.D.3d 1517; 932 N.Y.2d 748

Cases that cite this one

5 later published cases cite this decision.

JOHNSON, PHILLIP v. O'FLYNN, PATRICK (Appellate Division of the Supreme Court of New York 2016)
Cass v. State of New York (Appellate Division of the Supreme Court of New York 2015)
AIKENS, THOMAS v. BROWN, DAWSON (Appellate Division of the Supreme Court of New York 2013)
People ex rel. Aikens v. Brown (Appellate Division of the Supreme Court of New York 2013)
People ex rel. Aikens v. Brown (Appellate Division of the Supreme Court of New York 2013)

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

Memorandum:

Respondent appeals from an order granting the petition for a writ of habeas corpus. We note at the outset *1518that the order was subsumed in the final judgment, from which no appeal was taken. Nevertheless, we exercise our discretion to treat the notice of appeal as valid and deem the appeal as taken from the judgment (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; see also CPLR 5520 [c]), and we reverse. Petitioner was not entitled to habeas corpus relief because he violated a condition of postrelease supervision, which was properly imposed before petitioner completed the originally imposed sentence of imprisonment (see People v Lingle, 16 NY3d 621, 629-633 [2011]). Present — Fahey, J.E, Garni, Sconiers, Gorski and Martoche, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.