People ex rel. Kaplan v. Commissioner of Correction
New York Court of Appeals
People ex rel. Kaplan v. Commissioner of Correction, 60 N.Y.2d 648 (N.Y. 1983)
454 N.E.2d 1309; 467 N.Y.S.2d 566; 1983 N.Y. LEXIS 3349
People ex rel. Kaplan v. Commissioner of Correction
Opinion of the Court
opinion of the court
On 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. Relator is not entitled to habeas corpus relief because the only remedy to which he would be entitled would be a new trial or new appeal, and not a direction that he be immediately released from custody (People ex rel. Douglas v Vincent, 50 NY2d 901).
Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons.
Reference
- Full Case Name
- The People of the State of New York ex rel. Joseph A. Kaplan, on Behalf of Armando Fuentes v. Commissioner of Correction of the City of New York
- Cited By
- 68 cases
- Status
- Published