Home/New York Court of Appeals/People Ex Rel. Mendolia v. SUPERINTENDENT, GREEN HAVEN CORR. FACILITY

People Ex Rel. Mendolia v. SUPERINTENDENT, GREEN HAVEN CORR. FACILITY

391 N.E.2d 1013, 47 N.Y.2d 779
CourtNew York Court of Appeals
DecidedMay 10, 1979
StatusPublished

This text of 391 N.E.2d 1013 (People Ex Rel. Mendolia v. SUPERINTENDENT, GREEN HAVEN CORR. FACILITY) 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.

Bluebook
People Ex Rel. Mendolia v. SUPERINTENDENT, GREEN HAVEN CORR. FACILITY, 391 N.E.2d 1013, 47 N.Y.2d 779 (N.Y. 1979).

Opinion

47 N.Y.2d 779 (1979)

The People of the State of New York ex rel. Stephen Mendolia, Respondent,
v.
Superintendent, Green Haven Correctional Facility et al., Appellants.

Court of Appeals of the State of New York.

Argued May 1, 1979.
Decided May 10, 1979.

Robert Abrams, Attorney-General (Burton Herman and Samuel A. Hirshowitz of counsel), for appellants.

Joel P. Gorham, Daniel J. Steinbock and David Steinberg for respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG.

Order reversed, without costs, and the petition dismissed upon the ground that the remedy of habeas corpus is not available since relator will not be entitled to immediate release, in view of counsel's advice that relator is now incarcerated as the result of a new charge (People ex rel. Lane v Vincent, 32 N.Y.2d 940; *780 People ex rel. Fitzgerald v Casscles, 28 N.Y.2d 866).

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Related

People Ex Rel. Fitzgerald v. Casscles
271 N.E.2d 233 (New York Court of Appeals, 1971)
People Ex Rel. Lane v. Vincent
300 N.E.2d 733 (New York Court of Appeals, 1973)
People ex rel. Mendolia v. Superintendent, Green Haven Correctional Facility
391 N.E.2d 1013 (New York Court of Appeals, 1979)

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Bluebook (online)
391 N.E.2d 1013, 47 N.Y.2d 779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-mendolia-v-superintendent-green-have-ny-1979.