New York Court of Appeals, 1979

People ex rel. Dutcher v. New York State Board of Parole

People ex rel. Dutcher v. New York State Board of Parole
New York Court of Appeals · Decided November 15, 1979
48 N.Y.2d 799; 399 N.E.2d 954; 423 N.Y.S.2d 924; 1979 N.Y. LEXIS 2454
People ex rel. Dutcher v. New York State Board of Parole

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

Motion for leave to appeal dismissed upon the ground that no appeal lies from the Appellate Division order. Because relator is no longer imprisoned on the charge underlying the contested parole revocation hearing, his liberty is not re*800strained on that charge to such a degree as to entitle him to the extraordinary relief of habeas corpus (see People ex rel. Wilder v Markley, 26 NY2d 648).

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