People ex rel. Garcia v. Martin

Appellate Division of the Supreme Court of New York

People ex rel. Garcia v. Martin

12 A.D.2d 881, 210 N.Y.S.2d 69, 1961 N.Y. App. Div. LEXIS 13522

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

DecidedJanuary 5, 1961

StatusPublished

This text of 12 A.D.2d 881 (People ex rel. Garcia v. Martin) 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. Garcia v. Martin, 12 A.D.2d 881, 210 N.Y.S.2d 69, 1961 N.Y. App. Div. LEXIS 13522 (N.Y. Ct. App. 1961).

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Opinion

Order unanimously affirmed, without costs of this appeal to either party. Memorandum : In this habeas corpus proceeding the petitioner makes various claims of denial of rights as the result of the dismissal by the Appellate Division, Second Department, of his direct appeal from a judgment of conviction. (See People v. Garcia, 5 A D 2d 969.) It now appears that on July 8, 1960, the Court of Appeals granted leave to appeal from the order of dismissal and assigned counsel. (See 8 N Y 2d 1005.) It further appears that this ease appeared on the calendar of the Court of Appeals November 15, 1960. In view of this status of the case, the order appealed from is affirmed. (Appeal from order of Wyoming County Court dismissing the writ of habeas corpus after a hearing and remanding relator to the custody of the Warden.) Present —- Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ.

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Order unanimously affirmed, without costs of this appeal to either party. Memorandum : In this habeas corpus proceeding the petitioner makes various claims of denial of rights as the result of the dismissal by the Appellate Division, Second Department, of his direct appeal from a judgment of conviction. (See People v. Garcia, 5 A D 2d 969.) It now appears that on July 8, 1960, the Court of Appeals granted leave to appeal from the order of dismissal and assigned counsel. (See 8 N Y 2d 1005.) It further appears that this ease appeared on the calendar of the Court of Appeals November 15, 1960. In view of this status of the case, the order appealed from is affirmed. (Appeal from order of Wyoming County Court dismissing the writ of habeas corpus after a hearing and remanding relator to the custody of the Warden.) Present —- Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ.

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Bluebook (online)

12 A.D.2d 881, 210 N.Y.S.2d 69, 1961 N.Y. App. Div. LEXIS 13522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-garcia-v-martin-nyappdiv-1961.