Legal Opinion

People ex rel. England v. Warden, Brooklyn House of Detention for Men

Appellate Division of the Supreme Court of the State of New York

Decided May 30, 1972PublishedCited by 1 opinion

1Opinion of the Court

In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Nassau County, entered April 26, 1971, which, upon the return of the writ, denied the application. Appeal dismissed, without costs, on the ground that appellant is not in custody under the judgment of conviction rendered on the challenged indictment (Penal Law, § 70.35; People ex rel. Beamy V. Director of Cent. Islip Hosp., 35 A D 2d 595). Hopkins, Acting P. J., Munder, Gulotta, Brennan and Benjamin, JJ., concur.

2Cited by1 opinion

  1. People ex rel. Codina v. LamontAppellate Division of the Supreme Court of the State of New York · 2004