People ex rel. De Falco v. La Vallee

Appellate Division of the Supreme Court of New York

People ex rel. De Falco v. La Vallee

12 A.D.2d 679, 207 N.Y.S.2d 684, 1960 N.Y. App. Div. LEXIS 6748

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

DecidedDecember 2, 1960

StatusPublished

This text of 12 A.D.2d 679 (People ex rel. De Falco v. La Vallee) 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. De Falco v. La Vallee, 12 A.D.2d 679, 207 N.Y.S.2d 684, 1960 N.Y. App. Div. LEXIS 6748 (N.Y. Ct. App. 1960).

Pincite

Opinion

Appeal from an order of County Court, Clinton County which denied an application for a writ of habeas corpus. Relator pleaded guilty in 1956 in Kings County Court to an attempt to carry a dangerous weapon, which, if carried, would be a felony. On return of a writ of habeas corpus from his resulting imprisonment in Clinton Prison he argues that such an offense is not a felony and, in effect, that there can be no “ attempt ” to carry a weapon; that the only crime is the accomplished result. Such an attempt seems to fall literally, however, within the definitions in section 610 of the Penal Law. Even if this might be debatable, it is not open in this proceeding. The question on habeas corpus is the jurisdiction of the court to impose sentence. If it had jurisdiction, subsidiary questions of law are not ordinarily available at habeas corpus; but must be pursued by a motion in the court imposing sentence or by other relief in that court. Order unanimously affirmed, without costs.

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Appeal from an order of County Court, Clinton County which denied an application for a writ of habeas corpus. Relator pleaded guilty in 1956 in Kings County Court to an attempt to carry a dangerous weapon, which, if carried, would be a felony. On return of a writ of habeas corpus from his resulting imprisonment in Clinton Prison he argues that such an offense is not a felony and, in effect, that there can be no “ attempt ” to carry a weapon; that the only crime is the accomplished result. Such an attempt seems to fall literally, however, within the definitions in section 610 of the Penal Law. Even if this might be debatable, it is not open in this proceeding. The question on habeas corpus is the jurisdiction of the court to impose sentence. If it had jurisdiction, subsidiary questions of law are not ordinarily available at habeas corpus; but must be pursued by a motion in the court imposing sentence or by other relief in that court. Order unanimously affirmed, without costs.

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Bluebook (online)

12 A.D.2d 679, 207 N.Y.S.2d 684, 1960 N.Y. App. Div. LEXIS 6748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-de-falco-v-la-vallee-nyappdiv-1960.