People ex rel. Smith v. Kane

Appellate Division of the Supreme Court of New York

People ex rel. Smith v. Kane

262 A.D.2d 165, 690 N.Y.S.2d 451, 1999 N.Y. App. Div. LEXIS 6789

Appellate Division of the Supreme Court of the State of New York·Decided June 17, 1999·Published

Opinion

—Judgment, Supreme Court, New York County (Laura Drager, J.), entered July 17, 1997, dismissing the petition for a writ of habeas corpus, unanimously affirmed, without costs.

Application by appellant’s counsel to withdraw as counsel is granted (see, Anders v California, 386 US 738; People v Saunders, 52 AD2d 833). We have reviewed the record and agree with appellant’s counsel that there are no non-frivolous points which could be raised on this appeal. None of appellant’s pro se claims may be raised by way of habeas corpus (People ex rel. Douglas v Vincent, 50 NY2d 901, affg 67 AD2d 587). Concur— Rosenberger, J. P., Wallach, Rubin and Andrias, JJ.

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—Judgment, Supreme Court, New York County (Laura Drager, J.), entered July 17, 1997, dismissing the petition for a writ of habeas corpus, unanimously affirmed, without costs.

Application by appellant’s counsel to withdraw as counsel is granted (see, Anders v California, 386 US 738; People v Saunders, 52 AD2d 833). We have reviewed the record and agree with appellant’s counsel that there are no non-frivolous points which could be raised on this appeal. None of appellant’s pro se claims may be raised by way of habeas corpus (People ex rel. Douglas v Vincent, 50 NY2d 901, affg 67 AD2d 587). Concur— Rosenberger, J. P., Wallach, Rubin and Andrias, JJ.

People ex rel. Smith v. Kane, 262 A.D.2d 165, 690 N.Y.S.2d 451, 1999 N.Y. App. Div. LEXIS 6789 (N.Y. Ct. App. 1999).

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Opinion

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