People ex rel. Duamutef v. Dalsheim
This text of 211 A.D.2d 835 (People ex rel. Duamutef v. Dalsheim) 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.
Opinion
In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Bernhard, J.), dated April 23, 1993, which denied the application.
Ordered that the judgment is affirmed, without costs or disbursements.
A habeas corpus proceeding is not proper in the present case because even if the petitioner’s claims were meritorious, the only remedy would be a new trial, not immediate release from prison (see, People ex. rel. Fisher v Leonardo, 200 AD2d 844). Therefore, the application was properly denied. Sullivan, J. P., Miller, Copertino, Joy and Friedmann, JJ., concur.
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Cite This Page — Counsel Stack
211 A.D.2d 835, 622 N.Y.S.2d 83, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-duamutef-v-dalsheim-nyappdiv-1995.