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
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] Vincent, 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 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).
391 N.E.2d 1013 (People ex rel. Mendolia v. Superintendent, Green Haven Correctional Facility) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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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)