People ex rel. Peoples v. New York State Department of Correctional Services

Appellate Division of the Supreme Court of New York

People ex rel. Peoples v. New York State Department of Correctional Services

107 A.D.3d 1648, 967 N.Y.S.2d 848

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

DecidedJune 28, 2013

StatusPublished

This text of 107 A.D.3d 1648 (People ex rel. Peoples v. New York State Department of Correctional Services) 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. Peoples v. New York State Department of Correctional Services, 107 A.D.3d 1648, 967 N.Y.S.2d 848 (N.Y. Ct. App. 2013).

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Opinion

The case is held, the decision is reserved, the motion to relieve counsel of assignment is granted and new counsel is to be assigned. Memorandum: Petitioner appeals from a judgment of Supreme Court that denied his petition for a writ of habeas corpus. Assigned counsel for petitioner moves to be relieved of the assignment on the ground that there are no appealable issues (see People v Crawford, 71 AD2d 38 [1979]). Upon a review of the record, we conclude that a nonfrivolous issue exists as to whether Supreme Court erred in denying the petition (see People ex rel. Keitt v McMann, 18 NY2d 257 [1966]). We therefore relieve counsel of his assignment and assign new counsel to brief this issue, as well as any other issues that counsel’s review of the record may disclose. (Appeal from Judgment [denominated order] of Supreme Court, Wyoming County, Mark H. Dadd, J. — Habeas Corpus). Present — Scudder, EJ., Peradotto, Lindley, VUialen and Martoche, JJ. (Filed June 28, 2013.)

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The case is held, the decision is reserved, the motion to relieve counsel of assignment is granted and new counsel is to be assigned. Memorandum: Petitioner appeals from a judgment of Supreme Court that denied his petition for a writ of habeas corpus. Assigned counsel for petitioner moves to be relieved of the assignment on the ground that there are no appealable issues (see People v Crawford, 71 AD2d 38 [1979]). Upon a review of the record, we conclude that a nonfrivolous issue exists as to whether Supreme Court erred in denying the petition (see People ex rel. Keitt v McMann, 18 NY2d 257 [1966]). We therefore relieve counsel of his assignment and assign new counsel to brief this issue, as well as any other issues that counsel’s review of the record may disclose. (Appeal from Judgment [denominated order] of Supreme Court, Wyoming County, Mark H. Dadd, J. — Habeas Corpus). Present — Scudder, EJ., Peradotto, Lindley, VUialen and Martoche, JJ. (Filed June 28, 2013.)

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Bluebook (online)

107 A.D.3d 1648, 967 N.Y.S.2d 848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-peoples-v-new-york-state-department-of-correctional-nyappdiv-2013.

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