Home/New York Court of Appeals/People ex rel. Mendolia v. Superintendent, Green Haven Correctional Facility

People ex rel. Mendolia v. Superintendent, Green Haven Correctional Facility

391 N.E.2d 1013, 47 N.Y.2d 779, 417 N.Y.S.2d 932, 1979 N.Y. LEXIS 2054
CourtNew York Court of Appeals
DecidedMay 10, 1979
StatusPublished
Cited by20 cases

This text of 391 N.E.2d 1013 (People ex rel. Mendolia v. Superintendent, Green Haven Correctional 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 Correctional Facility, 391 N.E.2d 1013, 47 N.Y.2d 779, 417 N.Y.S.2d 932, 1979 N.Y. LEXIS 2054 (N.Y. 1979).

Opinion

OPINION OF THE COURT

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 [780]*780Vincent, 32 NY2d 940; People ex rel. Fitzgerald v Casscles, 28 NY2d 866).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg.

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People Ex Rel. Mendolia v. SUPERINTENDENT, GREEN HAVEN CORR. 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, 417 N.Y.S.2d 932, 1979 N.Y. LEXIS 2054, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-mendolia-v-superintendent-green-haven-correctional-ny-1979.