Legal Opinion

People ex rel. Gonzalez v. Dalsheim

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

Decided March 11, 1985PublishedCited by 1 opinion

1Opinion of the Court

In a habeas corpus proceeding to compel the appellant’s restoration to parole supervision, the appeal is from a judgment of the Supreme Court, Dutchess County (Ingrassia, J.), dated September 1, 1983, which dismissed the petition.

*809Judgment affirmed, without costs or disbursements.

The remedy of habeas corpus is not available inasmuch as petitioner is still serving time for the sentence imposed for a crime committed while he was on parole (see, People ex rel. Mendolia v Superintendent, Green Haven Correctional Facility, 47 NY2d 779; Matter of Soto v New York State Bd. of Parole, 107 AD2d 693;…

2Cases cited4 opinions

  1. People ex rel. Mendolia v. Superintendent, Green Haven Correctional FacilityNew York Court of Appeals · 1979
  2. Soto v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1985
  3. People ex rel. Collier v. Superintendent of Green Haven Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 1979
  4. People ex rel. Knowles v. ScullyAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by1 opinion

  1. People ex rel. Townsand v. Superintendent of Downstate Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 1985

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