People ex rel. Singleton v. Deegan

Appellate Division of the Supreme Court of New York

People ex rel. Singleton v. Deegan

31 A.D.2d 769, 297 N.Y.S.2d 637, 1969 N.Y. App. Div. LEXIS 4728

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

DecidedJanuary 27, 1969

StatusPublished

This text of 31 A.D.2d 769 (People ex rel. Singleton v. Deegan) 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. Singleton v. Deegan, 31 A.D.2d 769, 297 N.Y.S.2d 637, 1969 N.Y. App. Div. LEXIS 4728 (N.Y. Ct. App. 1969).

Pincite

Opinion

In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Westchester County, dated May 17, 1968, which dismissed the writ. Judgment modified, on .the law, by adding a provision thereto that the dismissal of the writ is without prejudice to the relator raising the same issues on his appeal from the judgment of conviction in the County Court, Nassau County, rendered December 18, 1967, which appeal is pending in this court. As so modified, judgment affirmed, without costs. Appellant was convicted of attempted forgery in the second degree in the County 'Court, Nassau County, on his plea of guilty. Judgment of resentenee thereon was rendered on December 18, 1967. A notice of appeal from that judgment was filed. Instead [770]*770of perfecting that appeal, appellant instituted this habeas corpus proceeding to test issues which are a proper subject of appeal from the judgment of coni viction. There is no reason of practicality or necessity to depart from the orderly judicial process of appeal (People ex rel. Keitt v. McMann, 18 N Y 2d 257). Brennan, Acting P. J., Rabin, Hopkins, Benjamin and Martuseello, JJ., concur.

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In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Westchester County, dated May 17, 1968, which dismissed the writ. Judgment modified, on .the law, by adding a provision thereto that the dismissal of the writ is without prejudice to the relator raising the same issues on his appeal from the judgment of conviction in the County Court, Nassau County, rendered December 18, 1967, which appeal is pending in this court. As so modified, judgment affirmed, without costs. Appellant was convicted of attempted forgery in the second degree in the County 'Court, Nassau County, on his plea of guilty. Judgment of resentenee thereon was rendered on December 18, 1967. A notice of appeal from that judgment was filed. Instead [770]*770of perfecting that appeal, appellant instituted this habeas corpus proceeding to test issues which are a proper subject of appeal from the judgment of coni viction. There is no reason of practicality or necessity to depart from the orderly judicial process of appeal (People ex rel. Keitt v. McMann, 18 N Y 2d 257). Brennan, Acting P. J., Rabin, Hopkins, Benjamin and Martuseello, JJ., concur.

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Bluebook (online)

31 A.D.2d 769, 297 N.Y.S.2d 637, 1969 N.Y. App. Div. LEXIS 4728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-singleton-v-deegan-nyappdiv-1969.