People v. Mucciolo
This text of 269 A.D. 782 (People v. Mucciolo) 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.
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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Cite This Page — Counsel Stack
269 A.D. 782, 55 N.Y.S.2d 845, 1945 N.Y. App. Div. LEXIS 3824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mucciolo-nyappdiv-1945.