People Ex Rel. Fitzgerald v. Casscles

New York Court of Appeals

People Ex Rel. Fitzgerald v. Casscles

271 N.E.2d 233, 28 N.Y.2d 866, 322 N.Y.S.2d 256, 1971 N.Y. LEXIS 1326

CourtNew York Court of Appeals

DecidedMay 12, 1971

StatusPublished

Cited by4 cases

This text of 271 N.E.2d 233 (People Ex Rel. Fitzgerald v. Casscles) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People Ex Rel. Fitzgerald v. Casscles, 271 N.E.2d 233, 28 N.Y.2d 866, 322 N.Y.S.2d 256, 1971 N.Y. LEXIS 1326 (N.Y. 1971).

Pincite

Opinion

Order affirmed, without costs, in the following memorandum: The order appealed from should be affirmed on the sole ground that the relator is not entitled to a writ of habeas corpus since the relief requested would not result in his discharge from prison. (See, e.g., People ex rel. Dellavalle v. McGinnis, 21 N Y 2d 795; People ex rel. Reynolds v. Martin, 3 N Y 2d 217, 223.) The affirmance is, however, without prejudice to the relator’s institution of an appropriate proceeding to have the court ascertain the time he spent in “ custody ” at Kings Park Hospital and have it credit such time toward his sentence.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Hibson.

Free access — add to your briefcase to read the full text and ask questions with AI

Order affirmed, without costs, in the following memorandum: The order appealed from should be affirmed on the sole ground that the relator is not entitled to a writ of habeas corpus since the relief requested would not result in his discharge from prison. (See, e.g., People ex rel. Dellavalle v. McGinnis, 21 N Y 2d 795; People ex rel. Reynolds v. Martin, 3 N Y 2d 217, 223.) The affirmance is, however, without prejudice to the relator’s institution of an appropriate proceeding to have the court ascertain the time he spent in “ custody ” at Kings Park Hospital and have it credit such time toward his sentence.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Hibson.

Cite This Page — Counsel Stack

Bluebook (online)

271 N.E.2d 233, 28 N.Y.2d 866, 322 N.Y.S.2d 256, 1971 N.Y. LEXIS 1326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-fitzgerald-v-casscles-ny-1971.

Opinion

Related

Cite This Page — Counsel Stack