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PEOPLE EX REL. McCHESNEY v. JONES

81 A.D.2d 929 (1981)

The People of the State of New York ex rel. David Charles McChesney, Appellant, v. E. W. Jones, as Superintendent of Great Meadow Correctional Facility, Respondent

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

May 7, 1981

Since it appeared on the return that a direct appeal of the judgment challenged by petitioner was pending, and since it further appeared that he would not be released from custody even if the matter were entertained and resulted in a disposition in his favor, Special Term properly denied the petition (People ex rel. Ellis v LeFevre, 70 A.D.2d 967; see, also, People v McChesney, 81 A.D.2d 927

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