New York Court of Appeals, 1971

People Ex Rel. Fitzgerald v. Casscles

People Ex Rel. Fitzgerald v. Casscles
New York Court of Appeals · Decided May 12, 1971
28 N.Y.2d 866; 271 N.E.2d 233; 322 N.Y.S.2d 256; 1971 N.Y. LEXIS 1326
People Ex Rel. Fitzgerald v. Casscles

Cases that cite this one

4 later published cases cite this decision.

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Opinion

Order affirmed, without costs, in the following memorandum: The order appealed from should be affirmed on the sole ground that the relator is not entitled to a writ of habeas corpus since the relief requested would not result in his discharge from prison. (See, e.g., People ex rel. Dellavalle v. McGinnis, 21 N Y 2d 795; People ex rel. Reynolds v. Martin, 3 N Y 2d 217, 223.) The affirmance is, however, without prejudice to the relator’s institution of an appropriate proceeding to have the court ascertain the time he spent in “ custody ” at Kings Park Hospital and have it credit such time toward his sentence.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Hibson.

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