People ex rel. Leonard v. Scully

Appellate Division of the Supreme Court of New York

People ex rel. Leonard v. Scully

143 A.D.2d 959, 533 N.Y.S.2d 697, 1988 N.Y. App. Div. LEXIS 10267

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

DecidedOctober 24, 1988

StatusPublished

This text of 143 A.D.2d 959 (People ex rel. Leonard v. Scully) 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. Leonard v. Scully, 143 A.D.2d 959, 533 N.Y.S.2d 697, 1988 N.Y. App. Div. LEXIS 10267 (N.Y. Ct. App. 1988).

Pincite

Opinion

In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Stolarik, J.), entered July 29, 1987, which dismissed the proceeding.

Ordered that the judgment is affirmed, without costs or disbursements.

We have reviewed the record and agree with the petitioner’s assigned counsel that there are no meritorious issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted (see, Anders v California, 386 US 738; People v Paige, 54 AD2d 631; cf., People v Gonzalez, 47 NY2d 606). The petitioner clearly misconstrued the effect of the order of Judge Kaye of the Court of Appeals dated August 4, 1986, which dismissed an application for leave to appeal to that court, and did not, as the petitioner asserts, dismiss his underlying conviction. Mangano, J. P., Bracken, Eiber, Spatt and Sullivan, JJ., concur.

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

In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Stolarik, J.), entered July 29, 1987, which dismissed the proceeding.

Ordered that the judgment is affirmed, without costs or disbursements.

We have reviewed the record and agree with the petitioner’s assigned counsel that there are no meritorious issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted (see, Anders v California, 386 US 738; People v Paige, 54 AD2d 631; cf., People v Gonzalez, 47 NY2d 606). The petitioner clearly misconstrued the effect of the order of Judge Kaye of the Court of Appeals dated August 4, 1986, which dismissed an application for leave to appeal to that court, and did not, as the petitioner asserts, dismiss his underlying conviction. Mangano, J. P., Bracken, Eiber, Spatt and Sullivan, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

143 A.D.2d 959, 533 N.Y.S.2d 697, 1988 N.Y. App. Div. LEXIS 10267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-leonard-v-scully-nyappdiv-1988.

Opinion

Related

Cite This Page — Counsel Stack