People ex rel. Thomas v. Deegan

Appellate Division of the Supreme Court of New York

People ex rel. Thomas v. Deegan

32 A.D.2d 651, 301 N.Y.S.2d 435, 1969 N.Y. App. Div. LEXIS 4038

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

DecidedMay 12, 1969

StatusPublished

This text of 32 A.D.2d 651 (People ex rel. Thomas 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. Thomas v. Deegan, 32 A.D.2d 651, 301 N.Y.S.2d 435, 1969 N.Y. App. Div. LEXIS 4038 (N.Y. Ct. App. 1969).

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Opinion

In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Westchester County, dated November 18, 1968, which dismissed the writ. Judgment affirmed, without costs. In view of the pendency of relator’s appeal from the judgment of conviction and from the denial of his coram nobis application, there was no reason of practicality or necessity to permit an attack on the judgment of conviction by way of habeas corpus [652]*652(cf. People ex rel. Keitt v. McMann, 18 N Y 2d 257; People ex rel. Singleton v. Deegan, 31 A D 2d 769; People ex rel. Wynn v. Follette, 30 A D 2d 706; People ex rel. Cruz v. Deegan, 30 A D 2d 976). Beldock, P. J., Christ, Rabin, Munder 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 November 18, 1968, which dismissed the writ. Judgment affirmed, without costs. In view of the pendency of relator’s appeal from the judgment of conviction and from the denial of his coram nobis application, there was no reason of practicality or necessity to permit an attack on the judgment of conviction by way of habeas corpus [652]*652(cf. People ex rel. Keitt v. McMann, 18 N Y 2d 257; People ex rel. Singleton v. Deegan, 31 A D 2d 769; People ex rel. Wynn v. Follette, 30 A D 2d 706; People ex rel. Cruz v. Deegan, 30 A D 2d 976). Beldock, P. J., Christ, Rabin, Munder and Martuseello, JJ., concur.

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Bluebook (online)

32 A.D.2d 651, 301 N.Y.S.2d 435, 1969 N.Y. App. Div. LEXIS 4038, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-thomas-v-deegan-nyappdiv-1969.