People ex rel. Cruz v. Deegan

Appellate Division of the Supreme Court of New York

People ex rel. Cruz v. Deegan

30 A.D.2d 976, 294 N.Y.S.2d 744, 1968 N.Y. App. Div. LEXIS 3157

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

DecidedOctober 21, 1968

StatusPublished

This text of 30 A.D.2d 976 (People ex rel. Cruz v. Deegan) 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. Cruz v. Deegan, 30 A.D.2d 976, 294 N.Y.S.2d 744, 1968 N.Y. App. Div. LEXIS 3157 (N.Y. Ct. App. 1968).

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Opinion

In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Westchester County, dated February 26, 1968, which dismissed the writ. Judgment affirmed, without costs. In our view, the pendency of relator’s appeal from the judgment of conviction rendered dismissal of the writ proper. We affirm the dismissal on the ground that no reason of practicality or necessity was asserted to justify review of the matters raised by habeas corpus while the appeal from the judgment of conviction is pending (People ex rel. Keitt v. McMann, 18 N Y 2d 257, 262; People ex rel. Garcia v. Warden, 28 A D 2d 682; People ex rel. Blyden v. Denno, 28 A D 2d 683). Brennan, Acting P. J., Rabin, Hopkins, Benjamin and Martuscello, JJ., concur.

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In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Westchester County, dated February 26, 1968, which dismissed the writ. Judgment affirmed, without costs. In our view, the pendency of relator’s appeal from the judgment of conviction rendered dismissal of the writ proper. We affirm the dismissal on the ground that no reason of practicality or necessity was asserted to justify review of the matters raised by habeas corpus while the appeal from the judgment of conviction is pending (People ex rel. Keitt v. McMann, 18 N Y 2d 257, 262; People ex rel. Garcia v. Warden, 28 A D 2d 682; People ex rel. Blyden v. Denno, 28 A D 2d 683). Brennan, Acting P. J., Rabin, Hopkins, Benjamin and Martuscello, JJ., concur.

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Bluebook (online)

30 A.D.2d 976, 294 N.Y.S.2d 744, 1968 N.Y. App. Div. LEXIS 3157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-cruz-v-deegan-nyappdiv-1968.