People v. Mucciolo
269 A.D. 782, 55 N.Y.S.2d 845, 1945 N.Y. App. Div. LEXIS 3824
Appellate Division of the Supreme Court of the State of New York·Decided May 14, 1945·Published·Cited by 1 cases
Opinion
Defendant appeals from an order • of the County Court, Kings County, denying his motion for resentence. Appeal dismissed. The order is not appealable. (People v. Dietz, 294 N. Y. 739.) Appellant’s remedy is by habeas corpus. (People ex rel. Taras v. Kirby, 266 App. Div. 872; People v. Taras, 269 App. Div. 694.) Habeas corpus is a civil proceeding and appeals may be taken from the order in such a proceeding as provided in the Civil Practice Act. (People v. Gersewitz, 294 N, Y. 163.) Close, P. J., Hagarty, Johnston, Lewis and Aldrich, JJ., concur,
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People v. Mucciolo, 269 A.D. 782, 55 N.Y.S.2d 845, 1945 N.Y. App. Div. LEXIS 3824 (N.Y. Ct. App. 1945).
269 A.D. 782 (People v. Mucciolo) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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2 A.D.2d 852 (Appellate Division of the Supreme Court of New York, 1956)