People ex rel. Kaplan v. Commissioner of Correction

New York Court of Appeals

People ex rel. Kaplan v. Commissioner of Correction

454 N.E.2d 1309, 60 N.Y.2d 648, 467 N.Y.S.2d 566, 1983 N.Y. LEXIS 3349

CourtNew York Court of Appeals

DecidedSeptember 15, 1983

StatusPublished

Cited by68 cases

This text of 454 N.E.2d 1309 (People ex rel. Kaplan v. Commissioner of Correction) 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.

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People ex rel. Kaplan v. Commissioner of Correction, 454 N.E.2d 1309, 60 N.Y.2d 648, 467 N.Y.S.2d 566, 1983 N.Y. LEXIS 3349 (N.Y. 1983).

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Opinion

opinion of the court

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, without costs. Relator is not entitled to habeas corpus relief because the only remedy to which he would be entitled would be a new trial or new appeal, and not a direction that he be immediately released from custody (People ex rel. Douglas v Vincent, 50 NY2d 901).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons.

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opinion of the court

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, without costs. Relator is not entitled to habeas corpus relief because the only remedy to which he would be entitled would be a new trial or new appeal, and not a direction that he be immediately released from custody (People ex rel. Douglas v Vincent, 50 NY2d 901).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons.

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Bluebook (online)

454 N.E.2d 1309, 60 N.Y.2d 648, 467 N.Y.S.2d 566, 1983 N.Y. LEXIS 3349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-kaplan-v-commissioner-of-correction-ny-1983.

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