People ex rel. Rivera v. Coughlin

Appellate Division of the Supreme Court of New York

People ex rel. Rivera v. Coughlin

126 A.D.2d 691, 511 N.Y.S.2d 116, 1987 N.Y. App. Div. LEXIS 41834

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

DecidedJanuary 20, 1987

StatusPublished

This text of 126 A.D.2d 691 (People ex rel. Rivera v. Coughlin) 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. Rivera v. Coughlin, 126 A.D.2d 691, 511 N.Y.S.2d 116, 1987 N.Y. App. Div. LEXIS 41834 (N.Y. Ct. App. 1987).

Pincite

Opinion

In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Jiudice, J.), dated November 16, 1984, which, after a hearing, dismissed the writ.

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

Our review of the record leads us to conclude that the instant writ of habeas corpus, based upon the claim that the petitioner had not been furnished with the necessary transcripts of pretrial suppression hearings to prosecute an appeal to the Appellate Division, First Department, was properly dismissed. Although we do not condone undue delay in the appellate process, we see no basis in this case for a "[departure from traditional orderly proceedings, such as appeal” (People ex rel. Keitt v McMann, 18 NY2d 257, 262). The petitioner has failed to assert any substantive claims which, if meritorious, would warrant reversal of his conviction and his [692]*692immediate release from custody (see, People ex rel. Gist v LeFevre, 88 AD2d 731, appeal dismissed and lv denied 57 NY2d 724; cf. People ex rel. Lee v Smith, 58 AD2d 987). Moreover, much of the delay in this case has been occasioned by the petitioner himself, who failed to diligently pursue avenues of relief available to him. Thus, although the Appellate Division, First Department, denied the petitioner’s motion to be furnished with the transcripts in question, that court granted leave to renew the motion upon a proper showing of need and relevancy, but the defendant failed to so move. Similarly, although the defendant commenced a proceeding pursuant to CPLR article 78 in the Supreme Court, Dutchess County, which resulted in an order of that court directing the Clerk of the Appellate Division, First Department, to furnish the transcripts in question,

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 Supreme Court, Dutchess County (Jiudice, J.), dated November 16, 1984, which, after a hearing, dismissed the writ.

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

Our review of the record leads us to conclude that the instant writ of habeas corpus, based upon the claim that the petitioner had not been furnished with the necessary transcripts of pretrial suppression hearings to prosecute an appeal to the Appellate Division, First Department, was properly dismissed. Although we do not condone undue delay in the appellate process, we see no basis in this case for a "[departure from traditional orderly proceedings, such as appeal” (People ex rel. Keitt v McMann, 18 NY2d 257, 262). The petitioner has failed to assert any substantive claims which, if meritorious, would warrant reversal of his conviction and his [692]*692immediate release from custody (see, People ex rel. Gist v LeFevre, 88 AD2d 731, appeal dismissed and lv denied 57 NY2d 724; cf. People ex rel. Lee v Smith, 58 AD2d 987). Moreover, much of the delay in this case has been occasioned by the petitioner himself, who failed to diligently pursue avenues of relief available to him. Thus, although the Appellate Division, First Department, denied the petitioner’s motion to be furnished with the transcripts in question, that court granted leave to renew the motion upon a proper showing of need and relevancy, but the defendant failed to so move. Similarly, although the defendant commenced a proceeding pursuant to CPLR article 78 in the Supreme Court, Dutchess County, which resulted in an order of that court directing the Clerk of the Appellate Division, First Department, to furnish the transcripts in question,

Cite This Page — Counsel Stack

Bluebook (online)

126 A.D.2d 691, 511 N.Y.S.2d 116, 1987 N.Y. App. Div. LEXIS 41834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-rivera-v-coughlin-nyappdiv-1987.

Opinion

Related

Cite This Page — Counsel Stack