People ex rel. Kaplan in Behalf of Fuentes v. Commissioner of Correction of City of New York

• Decision Date: 15 September 1983
• Parties: , 454 N.E.2d 1309 The PEOPLE etc. ex rel. Joseph Alan KAPLAN in behalf of Armando FUENTES, Appellant, v. COMMISSIONER OF CORRECTION OF the CITY OF NEW YORK, et al., Respondents.
• Court: New York Court of Appeals Court of Appeals

Page 566

467 N.Y.S.2d 566

60 N.Y.2d 648, 454 N.E.2d 1309

The PEOPLE etc. ex rel. Joseph Alan KAPLAN in behalf of Armando FUENTES, Appellant, v. COMMISSIONER OF CORRECTION OF the CITY OF NEW YORK, et al., Respondents.

Court of Appeals of New York.

Sept. 15, 1983.

[60 N.Y.2d 649] Joseph Alan Kaplan, for appellant.

Elizabeth Holtzman, Dist. Atty. (Alan D. Rubinstein, of counsel), for respondents.

OPINION OF THE COURT

On review of submissions pursuant to Rule 500.2(b) (22 NYCRR 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, 431 N.Y.S.2d 518, 409 N.E.2d 990).

COOKE, C.J., and JASEN, JONES, WACHTLER, MEYER and SIMONS, JJ., concur.