Harty v. Rockefeller
District Court, S.D. New York
1Opinion of the Court
GURFEIN, District Judge.
Michael Harty, the plaintiff pro se, won a notable victory in the New York Court of Appeals when that Court granted him, then a State prisoner, habeas corpus relief, holding that “a long and unnecessary failure to sentence is not only an error but results in lack of jurisdiction.” People ex rel. Harty v. Fay, 10 N.Y.2d 374, 379, 223 N.Y.S.2d 468, 472, 179 N.E.2d 483, 485 (1961).
After his release on the writ, the petitioner then filed a timely complaint in the State Court of Claims against the State of New York for damages for his illegal detention from November 20,…
2Cases cited10 opinions
- Sostre v. McGinnisCourt of Appeals for the Second Circuit · 1971
- Landon Zuckerman and Sam Haber v. Appellate Division, Second Department, Supreme Court of the State of New YorkCourt of Appeals for the Second Circuit · 1970
- Robert Louis Williford v. People of the State of California, Robert A. Heinze, Warden, Folsom State Prison, Amos X. Brister v. People of the State of California, Robert A. Heinze, Warden, Folsom State Prison, Ivory X. Guidry v. People of the State of California, Robert A. Heinze, Warden, Folsom State Prison, George X. Morris v. People of the State of California, Robert A. Heinze, Warden, Folsom State PrisonCourt of Appeals for the Ninth Circuit · 1965
- Eugene C. Romer v. Howard R. Leary, as Police Commissioner of the City of New York, and the City of New YorkCourt of Appeals for the Second Circuit · 1970
- People ex rel. Harty v. FayNew York Court of Appeals · 1961
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3Cited by7 opinions
- Johnson v. GlickCourt of Appeals for the Second Circuit · 1973
- Turner v. BaxleyDistrict Court, D. Vermont · 1972
- Lathan v. OswaldDistrict Court, S.D. New York · 1973
- Johnson v. GlickCourt of Appeals for the Second Circuit · 1973
- Beard v. BorenDistrict Court, W.D. Oklahoma · 1976
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