PEOPLE EX REL. CRUZ v. DEEGAN


30 A.D.2d 976 (1968)

The People of the State of New York ex rel. John Cruz, Appellant, v. John T. Deegan, as Warden of Sing Sing Prison, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 21, 1968


Judgment affirmed, without costs.

In our view, the pendency of relator's appeal from the judgment of conviction rendered dismissal of the writ proper. We affirm the dismissal on the ground that no reason of practicality or necessity was asserted to justify review of the matters raised by habeas corpus while the appeal from the judgment of conviction is pending (People ex rel. Keitt v. McMann, 18 N.Y.2d 257, 262; People...

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