People ex rel. Myron v. Kralik

Appellate Division of the Supreme Court of New York

People ex rel. Myron v. Kralik

5 A.D.3d 707, 774 N.Y.S.2d 744, 2004 N.Y. App. Div. LEXIS 3289

Appellate Division of the Supreme Court of the State of New York·Decided March 22, 2004·Published

Opinion

—In a habeas corpus proceeding, the petitioner appeals from a judgment of the County Court, Rockland County (Kelly, J.), entered November 6, 1998, which denied the petition and dismissed the proceeding.

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

The remedy of habeas corpus is not available to the petitioner, as he would not be entitled to immediate release since he is currently serving an 81-year-to-life sentence in the State of California (see People ex rel. Mendolia v Superintendent of Green Haven Correctional Facility, 47 NY2d 779 [1979]; People ex rel. Bolling v Miller, 256 AD2d 699 [1998]). S. Miller, J.P., Luciano, Adams and Townes, 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 County Court, Rockland County (Kelly, J.), entered November 6, 1998, which denied the petition and dismissed the proceeding.

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

The remedy of habeas corpus is not available to the petitioner, as he would not be entitled to immediate release since he is currently serving an 81-year-to-life sentence in the State of California (see People ex rel. Mendolia v Superintendent of Green Haven Correctional Facility, 47 NY2d 779 [1979]; People ex rel. Bolling v Miller, 256 AD2d 699 [1998]). S. Miller, J.P., Luciano, Adams and Townes, JJ., concur.

People ex rel. Myron v. Kralik, 5 A.D.3d 707, 774 N.Y.S.2d 744, 2004 N.Y. App. Div. LEXIS 3289 (N.Y. Ct. App. 2004).

Pincite

5 A.D.3d 707 (People ex rel. Myron v. Kralik) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related