Legal Opinion

Hogan v. Culkin

New York Court of Appeals

Decided October 27, 1966PublishedCited by 40 opinions

1Opinion of the CourtFuld, J.

The primary question here presented is whether, under CPLR 7004(c), a writ of habeas corpus directed to the warden of a State prison may be made returnable and heard before a Justice of the Supreme Court in a county other than that in which the relator is detained.

The relator is presently serving a sentence of 25 to 40 years (as a parole violator) at Green Haven State Prison in Dutchess County, consequent upon his conviction on certain felony charges in the Supreme Court, New York County, in 1936. Some months ago he sued out a writ of habeas corpus from the Supreme Court, New York County,…

2Cases cited14 opinions

  1. Ahrens v. ClarkSupreme Court of the United States · 1948
  2. People v. RyanNew York Court of Appeals · 1937
  3. Matter of Morhous v. N.Y. Supreme CourtNew York Court of Appeals · 1944
  4. Matter of Hogan v. Court of General SessionsNew York Court of Appeals · 1946
  5. Matter of Culver Contrg. Corp. v. HumphreyNew York Court of Appeals · 1935

9 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Zappone v. Home InsuranceNew York Court of Appeals · 1982
  2. La Rocca v. LaneNew York Court of Appeals · 1975
  3. Albano v. KirbyNew York Court of Appeals · 1975
  4. People v. BachertNew York Court of Appeals · 1987
  5. Steingut v. GoldNew York Court of Appeals · 1977

35 more not listed; retrieve them via the Exa API.

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