Legal Opinion

People ex rel. Talley v. Executive Department

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

Decided October 17, 1996PublishedCited by 7 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court (Kane, J.), entered February 5, 1996 in Sullivan County, which, inter alia, denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Sentenced to an indeterminate prison term of 15 years to life as the result of a conviction for murder in the second degree, petitioner now challenges the Parole Board’s determination denying him parole release. As properly recognized by Supreme Court, a habeas corpus proceeding is not the appropriate means for petitioner to challenge the denial of…

2Cases cited3 opinions

  1. People ex rel. Brown v. New York State Division of ParoleNew York Court of Appeals · 1987
  2. Walker v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 1994
  3. People ex rel. Haderxhanji v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by7 opinions

  1. Smith v. GoordAppellate Division of the Supreme Court of the State of New York · 1998
  2. Lichtel v. TravisAppellate Division of the Supreme Court of the State of New York · 2001
  3. People ex rel. Gilmore v. New York State Parole BoardAppellate Division of the Supreme Court of the State of New York · 1997
  4. Morales v. TravisAppellate Division of the Supreme Court of the State of New York · 1999
  5. People ex rel. Johnson v. WilkinsonAppellate Division of the Supreme Court of the State of New York · 1998

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