From Casetext: Smarter Legal Research

People ex Rel. Duamutef v. Dalsheim

Appellate Division of the Supreme Court of New York, Second Department
Jan 30, 1995
211 A.D.2d 835 (N.Y. App. Div. 1995)

Opinion

January 30, 1995

Appeal from the Supreme Court, Dutchess County (Bernhard, J.).


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

A habeas corpus proceeding is not proper in the present case because even if the petitioner's claims were meritorious, the only remedy would be a new trial, not immediate release from prison (see, People ex. rel. Fisher v. Leonardo, 200 A.D.2d 844). Therefore, the application was properly denied. Sullivan, J.P., Miller, Copertino, Joy and Friedmann, JJ., concur.


Summaries of

People ex Rel. Duamutef v. Dalsheim

Appellate Division of the Supreme Court of New York, Second Department
Jan 30, 1995
211 A.D.2d 835 (N.Y. App. Div. 1995)
Case details for

People ex Rel. Duamutef v. Dalsheim

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. DUAUT A. DUAMUTEF, Also Known…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 30, 1995

Citations

211 A.D.2d 835 (N.Y. App. Div. 1995)
622 N.Y.S.2d 83

Citing Cases

People ex rel. Napoli v. Annucci

Habeas corpus will lie only when the petitioner is entitled to immediate release (see People ex rel. Kaplan…

Duamutef v. Mazzuca

The Appellate Division, Second Department, affirmed the Supreme Court's decision on January 30, 1995, stating…