Legal Opinion

People ex rel. France v. Smith

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

Decided January 21, 1977PublishedCited by 1 opinion

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

  1. People ex rel. Keitt v. McMannNew York Court of Appeals · 1966
  2. People ex rel. Finney v. FolletteAppellate Division of the Supreme Court of the State of New York · 1971
  3. People ex rel. Bray v. DeeganAppellate Division of the Supreme Court of the State of New York · 1969

3Cited by1 opinion

  1. People ex rel. Taylor v. Commissioner of Corrections of New York StateAppellate Division of the Supreme Court of the State of New York · 1978