People ex rel. Warren v. People

Appellate Division of the Supreme Court of New York

People ex rel. Warren v. People

171 A.D.2d 768

Appellate Division of the Supreme Court of the State of New York·Decided March 11, 1991·Published·Cited by 1 cases

Opinion

In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Kings County (Cirigliano, J.), dated March 12, 1990, which denied the writ.

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

Since the petitioner is in a federal prison outside of New York State, the Supreme Court, Kings County lacked jurisdiction to entertain his application and therefore properly denied the writ (see, CPLR 7002 [a], [b]; People v Mitchell, 59 Misc 2d [769]*76915, affd 45 AD2d 746; Matter of Hogan v Culkin, 18 NY2d 330). Bracken, J. P., Hooper, Lawrence, Balletta and O’Brien, JJ., concur.

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, Kings County (Cirigliano, J.), dated March 12, 1990, which denied the writ.

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

Since the petitioner is in a federal prison outside of New York State, the Supreme Court, Kings County lacked jurisdiction to entertain his application and therefore properly denied the writ (see, CPLR 7002 [a], [b]; People v Mitchell, 59 Misc 2d [769]*76915, affd 45 AD2d 746; Matter of Hogan v Culkin, 18 NY2d 330). Bracken, J. P., Hooper, Lawrence, Balletta and O’Brien, JJ., concur.

People ex rel. Warren v. People, 171 A.D.2d 768 (N.Y. Ct. App. 1991).

Pincite

171 A.D.2d 768 (People ex rel. Warren v. People) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related