People ex rel. Allen v. Hammock

Appellate Division of the Supreme Court of New York

People ex rel. Allen v. Hammock

128 A.D.2d 657, 513 N.Y.S.2d 40, 1987 N.Y. App. Div. LEXIS 44348

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 9, 1987

StatusPublished

Cited by3 cases

This text of 128 A.D.2d 657 (People ex rel. Allen v. Hammock) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Allen v. Hammock, 128 A.D.2d 657, 513 N.Y.S.2d 40, 1987 N.Y. App. Div. LEXIS 44348 (N.Y. Ct. App. 1987).

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Opinion

In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Ingrassia, J.), entered February 21, 1985, which dismissed the petition.

Ordered that the judgment is affirmed, without costs or disbursements.

The remedy of habeas corpus is not available to this petitioner because he will not be entitled to immediate release as he is now incarcerated due to two subsequent felony convictions which also served as bases for two of the parole violation charges lodged against him (see, People ex rel. Mendolia v Superintendent, 47 NY2d 779; People ex rel. Collier v Superintendent, 72 AD2d 612). Accordingly, the proceeding was properly dismissed. Thompson, J. P., Niehoff, Lawrence and Kunzeman, JJ., concur.

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In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Ingrassia, J.), entered February 21, 1985, which dismissed the petition.

Ordered that the judgment is affirmed, without costs or disbursements.

The remedy of habeas corpus is not available to this petitioner because he will not be entitled to immediate release as he is now incarcerated due to two subsequent felony convictions which also served as bases for two of the parole violation charges lodged against him (see, People ex rel. Mendolia v Superintendent, 47 NY2d 779; People ex rel. Collier v Superintendent, 72 AD2d 612). Accordingly, the proceeding was properly dismissed. Thompson, J. P., Niehoff, Lawrence and Kunzeman, JJ., concur.

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Bluebook (online)

128 A.D.2d 657, 513 N.Y.S.2d 40, 1987 N.Y. App. Div. LEXIS 44348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-allen-v-hammock-nyappdiv-1987.

Opinion

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