PEOPLE EX REL. COLLIER v. SUPERINTENDENT OF THE GREEN HAVEN CORR. FACILITY


72 A.D.2d 612 (1979)

The People of the State of New York ex rel. Frank Collier, Respondent, v. Superintendent of the Green Haven Correctional Facility et al., Appellants

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

October 29, 1979


Judgment reversed, without costs or disbursements, and the petition is dismissed.

The remedy of habeas corpus is not available since petitioner will not be entitled to immediate release because, according to his counsel, he is now incarcerated as the result of a new charge (see People ex rel. Mendolia v Superintendent, Green Haven Correctional Facility, 47 N.Y.2d 779

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