Legal Opinion
People ex rel. Mendolia v. Superintendent, Green Haven Correctional Facility
New York Court of Appeals
Decided May 10, 1979PublishedCited by 20 opinions
1Opinion of the Court
OPINION OF THE COURT
Order reversed, without costs, and the petition dismissed upon the ground that the remedy of habeas corpus is not available since relator will not be entitled to immediate release, in view of counsel’s advice that relator is now incarcerated as the result of a new charge (People ex rel. Lane v *780Vincent, 32 NY2d 940; People ex rel. Fitzgerald v Casscles, 28 NY2d 866).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg.
2Cases cited2 opinions
- People Ex Rel. Lane v. VincentNew York Court of Appeals · 1973
- People Ex Rel. Fitzgerald v. CassclesNew York Court of Appeals · 1971
3Cited by20 opinions
- People ex rel. Haderxhanji v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1983
- People ex rel. Collier v. Superintendent of Green Haven Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 1979
- People ex rel. Linares v. DalsheimAppellate Division of the Supreme Court of the State of New York · 1985
- People ex rel. Ruckdeschel v. LeFevreAppellate Division of the Supreme Court of the State of New York · 1984
- People ex rel. Knowles v. ScullyAppellate Division of the Supreme Court of the State of New York · 1984
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