PEOPLE EX REL. KAPLAN v. COMMISSIONER OF CORRECTION, 60 N.Y.2d 648 (1983)

454 N.E.2d 1309, 467 N.Y.S.2d 566

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JOSEPH A. KAPLAN, on Behalf of ARMANDO FUENTES, Appellant, v. COMMISSIONER OF CORRECTION OF THE CITY OF NEW YORK et al., Respondents.

Court of Appeals of the State of New York.
Decided September 15, 1983

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JOSEPH A. MAZUR, J.

Page 649

Joseph Alan Kaplan for appellant.

Elizabeth Holtzman, District Attorney (Alan D. Rubinstein
of counsel), for respondents.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, without costs. Relator is not entitled to habeas corpus relief because the only remedy to which he would be entitled would be a new trial or new appeal, and not a direction that he be immediately released from custody (People ex rel. Douglas v Vincent, 50 N.Y.2d 901).

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS.

jdjungle