People ex rel. Blyden v. Denno
| Decision Date | 05 June 1967 |
| Citation | 282 N.Y.S.2d 451,28 A.D.2d 683 |
| Parties | The PEOPLE, etc., ex rel. Herbert BLYDEN, Appellant, v. Wilfred L. DENNO, Warden of Sing Sing Prison, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Judgment of the Supreme Court, Westchester County, dated September 21, 1966, affirmed, without costs. We affirm dismissal of the writ on the ground that no reason of practicality or necessity was asserted to justify review of the matters raised by habeas corpus while relator's appeal from the judgment of conviction was pending (People ex rel. Keitt v. McMann, 18 N.Y.2d 257, 262, 273 N.Y.S.2d 897, 220 N.E.2d 653). We have considered the merits, however, and, were we not affirming dismissal on the procedural ground, we would have affirmed dismissal on the merits.
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11 cases
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People ex rel. Pendleton v. Smith
...v. Follette, 37 A.D.2d 575, 322 N.Y.S.2d 303; People ex rel. Bray v. Deegan, 32 A.D.2d 940, 303 N.Y.S.2d 830; People ex rel. Blyden v. Denno, 28 A.D.2d 683, 282 N.Y.S.2d 451). In this proceeding relator is not seeking review of a mere error allegedly committed at the trial. Rather, he has a......
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Roberts v. County Court of Wyoming County
...v. Deegan, 32 A.D.2d 940, 303 N.Y.S.2d 830; People ex rel. Smith v. La Vallee, 29 A.D.2d 248, 287 N.Y.S.2d 601; People ex rel. Blyden v. Denno, 28 A.D.2d 683, 282 N.Y.S.2d 451. Therefore, it must be emphasized that while habeas corpus is not a substitute for the timely and orderly procedure......
- People ex rel. Garcia v. Warden, Sing Sing Prison
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People ex rel. Wynn v. Follette
...Sing Prison, 28 A.D.2d 682, 280 N.Y.S2d 754, lv. to app. den. 20 N.Y.2d 645, 285 N.Y.S.2d 1025, 231 N.E.2d 788; People ex rel. Blyden v. Denno, 28 A.D.2d 683, 282 N.Y.S.2d 451). Moreover, while it now appears to be well settled that statements made by an accused after arraignment and not in......
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