People ex rel. France v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Relator has asserted no reason of practicality or necessity to justify the grant of habeas corpus relief while his appeal from the judgment of conviction is pending (People ex rel. Keitt v McMann, 18 NY2d 257). Absent such a showing, dismissal of the writ was proper (People ex rel. Finney v Follette, 37 AD2d 575; People ex rel. Bray v Deegan, 32 AD2d 940). (Appeal from judgment of Wyoming Supreme Court — habeas corpus.) Present — Moule, J. P., Cardamone, Simons, Dillon and Witmer, JJ.
2Cases cited3 opinions
- People ex rel. Keitt v. McMannNew York Court of Appeals · 1966
- People ex rel. Finney v. FolletteAppellate Division of the Supreme Court of the State of New York · 1971
- People ex rel. Bray v. DeeganAppellate Division of the Supreme Court of the State of New York · 1969
3Cited by1 opinion
- People ex rel. Taylor v. Commissioner of Corrections of New York StateAppellate Division of the Supreme Court of the State of New York · 1978