People ex rel. Roman v. Higgins

Appellate Division of the Supreme Court of New York

People ex rel. Roman v. Higgins

186 A.D.2d 1044

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

DecidedOctober 7, 1992

StatusPublished

Cited by1 cases

This text of 186 A.D.2d 1044 (People ex rel. Roman v. Higgins) 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.

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People ex rel. Roman v. Higgins, 186 A.D.2d 1044 (N.Y. Ct. App. 1992).

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Opinion

— Judgment unanimously affirmed. Memorandum: Petitioner’s application for a writ of habeas corpus was properly denied. Because petitioner is not entitled to immediate release from custody, the remedy of habeas corpus is not available (see, People ex rel. Mendolia v Superintendent, 47 NY2d 779; People ex rel. Dell v Walker, 186 AD2d 1043 [decided herewith]). (Appeal from Judgment of Supreme Court, Erie County, Wolf, Jr., J. — Habeas Corpus.) Present— Green, J. P., Lawton, Boehm, Fallon and Davis, JJ.

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— Judgment unanimously affirmed. Memorandum: Petitioner’s application for a writ of habeas corpus was properly denied. Because petitioner is not entitled to immediate release from custody, the remedy of habeas corpus is not available (see, People ex rel. Mendolia v Superintendent, 47 NY2d 779; People ex rel. Dell v Walker, 186 AD2d 1043 [decided herewith]). (Appeal from Judgment of Supreme Court, Erie County, Wolf, Jr., J. — Habeas Corpus.) Present— Green, J. P., Lawton, Boehm, Fallon and Davis, JJ.

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186 A.D.2d 1044, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-roman-v-higgins-nyappdiv-1992.

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