People ex rel. Goude v. La Vallee

Appellate Division of the Supreme Court of New York

People ex rel. Goude v. La Vallee

42 A.D.2d 648, 345 N.Y.S.2d 191, 1973 N.Y. App. Div. LEXIS 4035

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

DecidedJune 27, 1973

StatusPublished

Cited by2 cases

This text of 42 A.D.2d 648 (People ex rel. Goude 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. Goude v. La Vallee, 42 A.D.2d 648, 345 N.Y.S.2d 191, 1973 N.Y. App. Div. LEXIS 4035 (N.Y. Ct. App. 1973).

Pincite

Opinion

Appeal from a judgment of the Supreme Court at Special Term, entered March 7, 1972 in Clinton County, which denied an application for a writ of habeas corpus without a hearing. Appellant complains on this appeal that he was not assigned counsel to assist him in preparing for a hearing on his habeas corpus application. However, said application contained nothing but conclusory allegations of denials of constitutional rights, without specifying facts detailing the alleged violations. The application was, therefore, insufficient on its face, and since it also failed to comply with the requirements of QPLR 7002 (subd. [e], pars. 3, 5, 6), the denial of .the'writ without a hearing was proper (People ex rel. Braekson v. MeKendriek, 29 A D 2d 716). Appellant raises other contentions in his brief which have no substantiation in the record and, therefore, must be rejected. Judgment affirmed, without costs. Greenblott, J. P., Cooke, Kane, Main and Reynolds, JJ., concur.

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Appeal from a judgment of the Supreme Court at Special Term, entered March 7, 1972 in Clinton County, which denied an application for a writ of habeas corpus without a hearing. Appellant complains on this appeal that he was not assigned counsel to assist him in preparing for a hearing on his habeas corpus application. However, said application contained nothing but conclusory allegations of denials of constitutional rights, without specifying facts detailing the alleged violations. The application was, therefore, insufficient on its face, and since it also failed to comply with the requirements of QPLR 7002 (subd. [e], pars. 3, 5, 6), the denial of .the'writ without a hearing was proper (People ex rel. Braekson v. MeKendriek, 29 A D 2d 716). Appellant raises other contentions in his brief which have no substantiation in the record and, therefore, must be rejected. Judgment affirmed, without costs. Greenblott, J. P., Cooke, Kane, Main and Reynolds, JJ., concur.

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Bluebook (online)

42 A.D.2d 648, 345 N.Y.S.2d 191, 1973 N.Y. App. Div. LEXIS 4035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-goude-v-la-vallee-nyappdiv-1973.

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