Legal Opinion

People ex rel. Brown v. McCoy

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

Decided November 12, 1999PublishedCited by 1 opinion

1Opinion of the Court

—Judgment unanimously affirmed without costs. Memorandum: Relator contends that he is entitled to jail time credit for a period of time he spent in Federal custody after he was convicted of unrelated charges in State court. Regardless of the merits of that contention, relator is not entitled to immediate release from custody, and thus habeas corpus relief is not available (see, People ex rel. Johnson v Kracke, 233 AD2d 943, lv denied 89 NY2d 807; People ex rel. Travis v Coombe, 219 AD2d 881, 882). Although this Court has the power to convert a habeas corpus proceeding into a CPLR article 78…

2Cases cited3 opinions

  1. People ex rel. Brown v. New York State Division of ParoleNew York Court of Appeals · 1987
  2. People ex rel. Travis v. CoombeAppellate Division of the Supreme Court of the State of New York · 1995
  3. People ex rel. Johnson v. KrackeAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by1 opinion

  1. KEYES, JAMES v. KHAHAIFA, SIBATUAppellate Division of the Supreme Court of the State of New York · 2012

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