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People ex rel. White v. La Vallee

51 A.D.2d 1093, 381 N.Y.S.2d 535, 1976 N.Y. App. Div. LEXIS 11943
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 25, 1976
StatusPublished
Cited by5 cases

This text of 51 A.D.2d 1093 (People ex rel. White v. La Vallee) 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. White v. La Vallee, 51 A.D.2d 1093, 381 N.Y.S.2d 535, 1976 N.Y. App. Div. LEXIS 11943 (N.Y. Ct. App. 1976).

Opinion

Appeal from a judgment of the Supreme Court, Clinton County, entered August 13, 1975, which denied a writ of habeas corpus, without a hearing. Petitioner was convicted by a jury of murder on November 30, 1970. He was sentenced to an indeterminate term of 20 years to life. On appeal, the judgment of conviction was affirmed (People v White, 39 AD2d 1018). Thereafter, he sought a writ of habeas corpus, maintaining he was denied his constitutional right to a speedy trial. Special Term denied the writ without a hearing. We agree. The relief sought by petitioner is properly available to him pursuant to CPL article 440 in the court of conviction, and not by habeas corpus (People ex rel. Stewart v La Vallee, 51 AD2d 1092; People ex rel. Allegretti v Casscles, 42 AD2d 916). Judgment affirmed, without costs. Koreman, P. J., Sweeney, Mahoney, Larkin and Herlihy, JJ., concur.

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Related

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15 A.D.3d 736 (Appellate Division of the Supreme Court of New York, 2005)
People ex rel. Russell v. Le Fevre
59 A.D.2d 588 (Appellate Division of the Supreme Court of New York, 1977)
People ex rel. Cordero v. Metz
58 A.D.2d 938 (Appellate Division of the Supreme Court of New York, 1977)
People ex rel. Malinowski v. Casscles
53 A.D.2d 954 (Appellate Division of the Supreme Court of New York, 1976)
People ex rel. Stewart v. La Vallee
51 A.D.2d 1092 (Appellate Division of the Supreme Court of New York, 1976)

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Bluebook (online)
51 A.D.2d 1093, 381 N.Y.S.2d 535, 1976 N.Y. App. Div. LEXIS 11943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-white-v-la-vallee-nyappdiv-1976.