People ex rel. France v. Smith

55 A.D.2d 1048, 391 N.Y.S.2d 239, 1977 N.Y. App. Div. LEXIS 10409

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 21, 1977
• Status: Published

Opinion

Judgment unanimously affirmed. Memorandum: Relator has asserted no reason of practicality or necessity to justify the grant of habeas corpus relief while his appeal from the judgment of conviction is pending (People ex rel. Keitt v McMann, 18 NY2d 257). Absent such a showing, dismissal of the writ was proper (People ex rel. Finney v Follette, 37 AD2d 575; People ex rel. Bray v Deegan, 32 AD2d 940). (Appeal from judgment of Wyoming Supreme Court — habeas corpus.) Present — Moule, J. P., Cardamone, Simons, Dillon and Witmer, JJ.