People ex rel. Marcelin v. Attorney-General

Appellate Division of the Supreme Court of New York

People ex rel. Marcelin v. Attorney-General

24 A.D.2d 771, 1965 N.Y. App. Div. LEXIS 3334

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

DecidedOctober 5, 1965

StatusPublished

This text of 24 A.D.2d 771 (People ex rel. Marcelin v. Attorney-General) 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. Marcelin v. Attorney-General, 24 A.D.2d 771, 1965 N.Y. App. Div. LEXIS 3334 (N.Y. Ct. App. 1965).

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Opinion

Application for an order to show cause, which w.e deem to he a petition for writ of habeas corpus pursuant to CPLR 7002 (subd. [b], par. 2) denied as insufficient on its face (People v. Dusablon, 16 N Y 2d 9). Appellant’s conviction has been affirmed upon appeal (People v. Marcelin, 23 A D 2d 368). If we were to consider the application as one for an order to show cause to commence a proceeding under CPLR, article 78, we would deny it (Matter of Harris v. New York State Bd. of Parole, 7 A D 2d 662). Gibspn, P. J., Herlihy, Reynolds, Taylor and Hamm, JJ.. concur.

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Application for an order to show cause, which w.e deem to he a petition for writ of habeas corpus pursuant to CPLR 7002 (subd. [b], par. 2) denied as insufficient on its face (People v. Dusablon, 16 N Y 2d 9). Appellant’s conviction has been affirmed upon appeal (People v. Marcelin, 23 A D 2d 368). If we were to consider the application as one for an order to show cause to commence a proceeding under CPLR, article 78, we would deny it (Matter of Harris v. New York State Bd. of Parole, 7 A D 2d 662). Gibspn, P. J., Herlihy, Reynolds, Taylor and Hamm, JJ.. concur.

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Bluebook (online)

24 A.D.2d 771, 1965 N.Y. App. Div. LEXIS 3334, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-marcelin-v-attorney-general-nyappdiv-1965.