People ex rel. Latta v. Morgenthau

Order and judgment (one paper), Supreme Court, New York County (Michael Melkonian, J.), entered on or about September 28, 2009, denying and dismissing the petition for a writ of ha-beas corpus, unanimously affirmed, without costs.

The court erred in dismissing the petition as a collateral attack on the speedy trial decision of the court handling the criminal case. While “[hjabeas corpus does not lie to determine whether the right to a speedy trial has been denied in a pending criminal action” (People ex rel. Harrison v Greco, 38 NY2d 1025, 1025 [1976]), where the relief sought by petitioner is…