New York Court of Appeals, 1983

People ex rel. Hall v. LeFevre

New York Court of Appeals · Decided July 12, 1983

60 N.Y.2d 579; 454 N.E.2d 121; 467 N.Y.S.2d 40; 1983 N.Y. LEXIS 3298

Cases that cite this one

18 later published cases cite this decision.

Gulliver v. Dalsheim (District Court, S.D. New York 1983)
The Matter of Nonhuman Rights Project v. James J. Breheny (N.Y. 2022)
People ex rel. Tse v. Barometre (Appellate Division of the Supreme Court of New York 2020)
Kelley v. Coughlin (Appellate Division of the Supreme Court of New York 1995)
People ex rel. St. Germain v. Walker (Appellate Division of the Supreme Court of New York 1994)
People ex rel. Kalikow v. Scully (Appellate Division of the Supreme Court of New York 1993)
People ex rel. Finkelstein v. Kuhlmann (Appellate Division of the Supreme Court of New York 1992)
People ex rel. Ross v. Irvin (Appellate Division of the Supreme Court of New York 1992)
People ex rel. Milwood v. Kuhlmann (Appellate Division of the Supreme Court of New York 1988)
Henao v. Coughlin (Appellate Division of the Supreme Court of New York 1987)
People ex rel. Nelson v. Scully (Appellate Division of the Supreme Court of New York 1986)
People ex rel. West v. Jones (Appellate Division of the Supreme Court of New York 1986)
People ex rel. Frazier v. Fogg (Appellate Division of the Supreme Court of New York 1986)
People ex rel. Phifer v. Scully (Appellate Division of the Supreme Court of New York 1985)
People ex rel. De Cicco v. LeFevre (Appellate Division of the Supreme Court of New York 1985)
People ex rel. Brady v. Scully (Appellate Division of the Supreme Court of New York 1985)
People ex rel. Thomas v. LeFevre (Appellate Division of the Supreme Court of New York 1984)
People ex rel. Davis v. Coombe (Appellate Division of the Supreme Court of New York 1983)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs.

Where the only remedy sought is a new trial or appeal and not immediate release from custody, habeas corpus is an improper remedy (People ex rel. Douglas v Vincent, 50 NY2d 901). Here the only claim in the petition that could result in release is that because relator suffers from epilepsy imprisonment constitutes cruel and unusual punishment. There being no allegation that the prison officials have been deliberately indifferent to relator’s medical heeds, however, the writ was properly dismissed (Estelle v Gamble, 429 US 97).

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons concur.

*581On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, without costs, in a memorandum.

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